How to deal with the compensation for one death and one injury caused by the accident?

1. If the vehicle involved in the accident has purchased insurance, the insurance company that underwrote it shall first compensate within the limit of liability, and the perpetrator shall bear the shortfall.

2. Where the victim suffers personal injury, the compensation obligor shall compensate for 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.

III. Legal Basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents" Article 16 Where a motor vehicle that has been insured with both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

IV. The specific compensation items and calculation standards are described in detail in 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", and it is recommended to refer to them.

In the case of death, there are death compensation (20 times the annual income of the local resident), compensation for moral damages, funeral expenses and other necessary expenses that have been paid, medical expenses, nursing expenses, lost work expenses and other necessary expenses for the injured, and compensation according to the level (multiple of the annual income of the local resident) for the disabled.

First of all, you know that you are from there or that there is an accident there.

Compensation for the death of one of the husband and wife in a car accident does not belong to the joint property of the husband and wife, and the subject of its distribution shall be the person entitled to compensation for the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole. Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e., the heirs in the first order, i.e., spouse, parents, and children.

Only when the first-order heir does not exist at all, the succession begins to be carried out by the second-order heir, i.e., siblings, grandparents, maternal grandparents. How to compensate for the death of the party after the death of a traffic accident, there are the following distinctions about the death compensation: death on the spot or death after **.

If it dies on the spot, the compensation is divided into the following items: death compensation, spiritual comfort, living expenses of dependents, funeral expenses, lost work expenses caused by family members handling funeral matters, transportation expenses, accommodation expenses, and property damage expenses If it dies after **, the compensation is increased as follows: medical expenses during hospitalization, hospital meal subsidies, lost work expenses, nursing expenses, and nutrition expenses.

According to Article 14 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", funeral expenses are calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the total amount for six months is to be calculated. Article 15: Death compensation is calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. 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.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China; 【Scope and Order of Inheritance of Legal Heirs】The estate is inherited in the following order: (1) the first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.