How to compensate for major traffic accidents, and how to compensate for major traffic accidents

Scope and standard of traffic accidents:

1) Disability compensation = per capita income of residents in the previous year at the location of the court where the lawsuit is filed Disability coefficient Compensation period (calculated as 20 years from the date of determination of disability.) However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

2) Disability Assistive Device Fee = Reasonable Fee for Commonly Applicable Devices.

3) Funeral expenses = 6 months of average monthly wages of employees in the previous year in the place where the person responsible for the accident is located.

4) Living expenses of the dependents = per capita annual consumption expenditure in the place where the person responsible for the accident is located, number of years of support (the son is older, not paid; If the mother has five years and has other children, only the portion that the victim should bear in accordance with the law shall be compensated. Uncle also paid for 5 years).

5) Hospitalization meal subsidy = standard of food allowance for general staff of state organs on business trips (yuan days) Number of days of hospitalization.

6) Medical expenses compensation = medical expenses + medical expenses + hospitalization expenses + others.

7) Lost time pay = lost work income (days, months, years) Lost time

8) Nursing care fee = Nursing service remuneration standard for the same level of nursing care at the place where the traffic accident occurred Number of nursing days.

9) Death compensation = per capita income of the previous year in the place where the person responsible for the accident is located for 20 years.

10) Transportation expenses = actual expenses incurred.

11) Accommodation fee = standard accommodation for general staff of state agencies on business trips Accommodation time.

12) Direct Property Damage Fee = Direct Loss of Damaged Property.

13) Vehicle Suspension Loss Fee = Actual Loss Incurred During Vehicle Shutdown.

14) Moral damage fee = judgment of the court according to the actual situation.

Car damage, ** fee, lost work wage, escort salary, hospital meal subsidy, follow-up ** fee, property damage, transportation expenses; where a person is disabled, disability allowance and disability assistive devices shall be paid; In the event of death, death compensation (calculated based on the sum of the local per capita income of the previous year for 20 years), funeral expenses (calculated based on the local per capita income of the previous year for 6 months), and living allowance for dependents shall be paid.

That's pretty much it.

The standard of compensation varies from place to place, and it must be determined according to the condition of the injured.

Please contact me for details.

How to compensate for traffic accidents.

Both vehicles are liable for the collision, and both parties can compensate each other in the following ways:

1. The traffic accident compensation shall first compensate the other party for the loss of the other party within the amount of liability for the sub-item of the compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property loss;

2. The insufficient part after the compensation of compulsory traffic insurance is completed will be divided equally between the two parties according to the division of responsibility;

3. The loss of property and personnel of the other party shall be borne by the commercial three liability insurance;

4. The loss of the vehicle for which the insufficient part is borne by the party shall be borne by the commercial vehicle damage insurance;

5. The injury and loss of the insufficient part of the personnel belonging to your own responsibility shall be borne by the personnel insurance on the commercial vehicle;

6. If you have not purchased commercial insurance, you shall bear the deficiency other than the compensation of compulsory traffic insurance.

1. The following elements shall be present to constitute a traffic accident:

1) Must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;

2) It happens on the road. Roads refer to highways, urban roads and places that are within the jurisdiction of the unit but allow social motor vehicles to pass. Including squares, public parking lots and other places used for public passage;

3) Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;

4) Something happens. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;

5) The cause of the state of affairs is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;

6) There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;

7) The psychological state of the party is negligent or has other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.

After the traffic accident occurs, the relevant parties should actively report the case. When handling the case, it should also provide treatment to such related victims to protect the personal safety of such persons. The relevant parties shall actively compensate for the actual losses of such persons and the relevant laws and regulations to protect the legitimate rights and interests of such persons.

1.The compensation for traffic accidents is compensated according to the responsibility of the accident, the compensation ratio of the full responsibility is 100%, the compensation ratio of the main responsibility is 70%, and the same responsibility is 50%, however, the current state implements compulsory insurance for motor vehicles, if one party is a non-motor vehicle, within the scope of the compensation limit of compulsory traffic insurance, the motor vehicle first bears all the compensation, and the excess part is borne by the motor vehicle party according to the proportion of accident liability more than 10% of the compensation ratio. 2.

The items of compensation for traffic accident damages include: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, living allowances for the disabled, expenses for disability appliances, funeral expenses, death compensation, living expenses for dependents, transportation expenses, accommodation expenses, and direct property losses. The compensation items provided for in the preceding paragraph shall be determined in accordance with the actual situation, and the expenses shall be settled in a lump sum.