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These expenses are not allowed to be arbitrarily asked, you need to have proof of nutrition fees and other expenses that you really need to buy, otherwise they will be arbitrary.
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Yes, but consider the other party's situation, and it's almost fine.
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I think this is still negotiable, at least you think it is within his scope, and it is not too much to ask for.
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Of course, you can negotiate with the driver who caused the accident, and if the negotiation fails, you can sue the court and protect your rights and interests through legal means.
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I think in this case, there is no need to ask for additional nutrition fees, because the driver has already paid you for medical expenses and hospitalization expenses, if you need nutrition expenses, you can discuss with him before shooting, if he is willing to give you nutrition fees, it is very good, after all, after a period of time, you want nutrition fees yourself, it doesn't feel appropriate.
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Yes, it's okay, there are reasons for lost time pay, people will generally give a little, even if it is used as compensation for individuals, if you want more, then sue.
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Pressed, the driver's full responsibility insurance company only paid for the doctor.
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In this case, it is possible to ask the driver for nutrition fees. You can talk to the driver in person. Just say yourself. If you need nutrition money, negotiate with the other party.
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It depends on the form, if you have a relationship with each other, you can ask for a price.
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If the driver is fully responsible for a traffic accident, he can ask the driver for nutrition and lost work expenses.
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If that's the case, of course I can ask for the nutrition fee, and the nutrition fee is for legitimate purposes, so you can ask for it.
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One is based on how to deal with traffic accidents in Korean, well, the insurance part is negotiated by yourself. There are regulations.
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No, the driver is at work.
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You have the right to fight for nutrition fees aqui te amo.
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The driver has doubled the money for you, if it's not serious, you don't need to ask for nutrition fees, if it's serious, ask the driver for nutrition fees
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Anything that can be talked about with him is negotiable.
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Because he caused your injury, of course, he has to compensate you for all your losses, and you can ask for nutrition fees.
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If the driver has insurance, the insurance company will pay for the nutrition expenses, and the driver himself does not have to pay.
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In this case, it is possible to ask the driver for nutrition money, but it is better to hire a special lawyer to go through the legal process.
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This is the second to marry you, but you want nutrition money, this is okay, he should give you a free one.
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1. Referring to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the scope of compensation for traffic accident damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall also be death compensation, living expenses of dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.
Vehicles, items, facilities, etc. damaged due to traffic accidents shall be repaired, and compensation shall be made at a discount if they cannot be repaired.
2. Items and standards for suffering moral damages: Where the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to determine it. Where a party to a traffic accident requests compensation for moral damages, the parties are to negotiate on their own.
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If it is really the driver's responsibility, you can ask him for those fees
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The so-called traffic accident liability: the total amount of all losses caused by the accident. Then, divide the responsibilities according to the share of responsibility borne by each party:
Your mother minus two, that is, she has to bear two-tenths of all shares, and the driver bears eight-tenths; Expenses are generally paid by the person who is primarily responsible first, or by the other party, and then the case is settled with each other. You can now collect all the evidence of the expenses you have advanced, and find a legal basis for the follow-up expenses, etc., and then submit all of them to the court and make a request, and the court will award compensation proportionally according to the law."
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The traffic police sentenced you to 20% of the responsibility as well.
Then you will have to bear 20% of the medical expenses yourself.
The nutrition fee is only available for hospitalization, and one day of hospitalization is counted as one day, and the specific amount is according to the local living standard, Nanjing is 18 a day.
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1. Does the doctor prescribe a certificate that you need to rest after you are discharged from the hospital? If there is, it should be counted as the later lost work.
2. If the other party is insured by compulsory traffic insurance, the medical expenses should be paid by the other party within the range of 8000. The excess part shall be borne according to the responsibility.
3. You can ask the judge to ask the other party to compensate for the medical expenses you paid by yourself.
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As the second party responsible for the traffic accident (also the injured party), if the cause of the accident is the second party's responsibility, then the damage shall be jointly borne.
If your condition causes minor injuries, in principle, the court will award a lump sum compensation!
It depends on your mother's responsibility for this situation!
The only way you can claim the nutrition fee is to apply to the court during the period of settling the disability and hospitalization!
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Need to show the car accident diagnosis to the traffic police department, the perpetrator needs to take you from the hospital completely, in private or directly to the superior to solve the compensation problem, lost work expenses, nutrition expenses, medical expenses are all need to divide the responsibility, and then make compensation.
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The insurance company can only pay if you are hospitalized. And there is no nutrition fee without surgery. The personal compensation may not exceed 100 yuan without surgery!
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The insurance company will pay you more for the commercial insurance he buys
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If compensation for personal injury caused by incapacity for work is required, it is necessary to refer to the opinion of a medical institution or ask a forensic doctor to make an appraisal. The following are the provisions of the Nutrition Fee Compensation Standard 2017:
1. Nutrition expenses are necessary expenses for restoring health, and it should include the cost of purchasing supplements, appropriate soup expenses during hospitalization, etc. In today's daily life, under the premise that people pay attention to the quality of life and pay extensive attention to nutritional supplements, the nutritional products corresponding to the nutrition expenses of the injured are obviously not necessary nutritional products for daily life, so the scope and level of nutritional products that need to be paid for nutrition should be taken as a reference by the opinions of medical institutions.
2. Nutrition expenses are based on the victim's disability: if the injury is significantly slight and does not require hospitalization, the nutrition expenses will not be compensated. If the degree of injury is more than minor, the compensation for nutrition expenses shall be paid from the date of injury to the date of basic recovery of the injury.
3. Refer to the opinions of medical institutions or ask forensic doctors to make appraisal and determination. The opinion of the medical institution as a reference is a prerequisite for the provisions of the Interpretation, and the nutrition opinion of the medical institution should be based on the premise of the need for assistance, if the medical institution does not issue a nutrition opinion, it can be presumed that the nutrition of the auxiliary ** is not needed, and the nutrition fee should not be compensated.
According to Article 24 of the Judicial Interpretation on Compensation for Personal Injuries, nutrition expenses are determined based on the victim's disability with reference to the opinions of medical institutions. According to this interpretation, the calculation of mental nutrition expenses should be based on necessity and actual occurrence.
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Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that: "Nutrition expenses shall be determined according to the disability of the victim with reference to the opinions of medical institutions. It is calculated as follows:
Nutrition costs = Necessary nutrition costs actually incurred. The compensation standard for nutrition expenses can be calculated at the rate of 40 to 60 percent of the average living expenses of local residents.
1.Nutrition expenses refer to the expenses incurred by the victim to purchase nutritional products other than the daily diet in order to assist ** or make the body as soon as possible** after suffering damage.
2.Nutrition expense, which is the cost incurred by the victim through the intake of ordinary diet is not able to meet the needs of the injured body, and needs to supplement the body with nutrients other than the usual diet, which is an auxiliary **.
3.Reasonable nutrition is the material basis for promoting **. The nutritional status of the victim is directly related to the success or failure of the operation and the disease, especially the critically ill patients, who often cannot rely on ordinary food to solve the nutritional problem.
4.Appropriate nutritional support can significantly improve the nutritional status of the victim, effectively cooperate with the clinic, shorten the length of hospital stay, and promote the speed-up**. Therefore, the expenditure of nutrition expenses has different levels of needs for the victims.
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The Interpretation of Personal Injuries stipulates that nursing fees are determined based on the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care.
2. Compensation standard for nursing expenses.
1) Based on income status.
1) If the nursing staff has income, it shall be calculated with reference to the provisions of the lost work pay;
2) If the nursing staff has no income or hires nursing staff, it shall be calculated with reference to the labor remuneration standard of the local nursing staff engaged in the same level of nursing.
2) According to the number of caregivers.
In principle, the number of nursing personnel is the same as one person, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
3) Duration of care.
The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.
4) Level of care.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
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Nutrition expenses are to be determined based on the victim's disability and with reference to the opinions of medical institutions.
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There are different standards in different places, such as 20-40 yuan per day in Shanghai.
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If you are hospitalized, in Guangdong, it is 50 yuan a day, and you must be hospitalized with the advice of a doctor.
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According to the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, "where a citizen's body is infringed and injuries are caused, compensation shall be made for medical expenses, income lost due to lost work, living allowances for the disabled, and other expenses" and "the compensation obligor shall compensate the victim for personal injury, all expenses incurred due to medical treatment and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, hospitalization expenses, hospital meal subsidies, and necessary nutrition expenses" Nutrition expenses shall fall within the scope of personal injury compensation. The basis for determining the nutrition fee is, first, the victim's disability, and second, the opinion of the medical institution. In view of the fact that most areas of China are currently underdeveloped and the standard of living is not high, and the standard of nutrition fee is not as specific as the standard of other compensation items, and the actual situation is relatively abstract, the payment of nutrition fee should generally not be too high.
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Compensation for nutrition expenses.
Nutrition costs refer to the cost of nutrition from other foods that cannot meet the impaired body's requirements for calories and various nutrients through daily diet. Article 24 of the Interpretation on Compensation for Personal Injuries stipulates that the nutrition fee shall be determined according to the disability of the victim with reference to the opinions of the medical institution.
Compensation standard for hospital meal allowance.
The hospital meal allowance refers to the expenses required to subsidize the food during the hospitalization of the victim during the hospitalization of the victim or during the hospitalization of the deceased victim during the hospitalization of the victim.
Article 23 of the Interpretation on Compensation for Personal Injuries stipulates that the hospital meal subsidy may be determined with reference to the standard of business trip meal allowance for general staff of local state organs. If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.
The hospital meal subsidy is subsidized by the "victim" who is "hospitalized". If the victim is not hospitalized, there is no such compensation cost.
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Not a concept.
The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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Not really. Living expenses are what are needed for daily life, and nutrition expenses are nutritional supplements specifically for the patient's health in addition to eating, such as protein powder, spirulina, calcium, Chuyuan, etc.
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Nutrition expenses refer to the expenses that are paid when the injury is more serious and requires enhanced nutrition in order to recover from the injury. Generally, the standards vary from place to place. About 10 yuan per day in Jiangsu.
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There is no nutrition charge in workers' compensation. According to Article 38 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
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