Car Accident Death Benefit, Car Accident Death Benefit

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, if a direct victim dies as a result of an accident, his close relatives enjoy an independent right to claim damages as indirect victims. First, the scope of close relatives:

Spouse, parents, children, siblings, grandparents, grandchildren, grandchildren. Second, with regard to the death compensation in property, since the judicial interpretation adopts the doctrine of loss of inheritance, it should be jointly inherited by the spouse, parents and children as the first-order heirs in accordance with the statutory order of succession as stipulated in Article 10 of the Inheritance Law of the People's Republic of China. If there is no first-order heir, the second-order heir shall inherit.

Where the decedent's children die before the decedent, the descendants of the decedent's children are to inherit by subrogation. However, in the same order of succession, in principle, the share of inheritance shall be determined according to the closeness of the common life, and the principle that the same order shall generally be equal as stipulated in Article 13 of the Inheritance Law shall not apply. That is, in principle, the death benefit should be jointly obtained by the members of the family life community.

Where the parties do not request division, the people's court will not divide it. Where the parties request a division, on the premise of considering the closeness of the family's common life, they shall also consider whether the heirs in the same order can separately claim the living expenses of the dependents, and make an appropriate balance. In accordance with the spirit of the above-mentioned judicial interpretation, I believe that the parents and the wife have joint ownership of the husband's death compensation in this dispute.

Theoretically, the calculation is based on the per capita income of local peasants, and the amount of compensation needs to be determined according to the situation of their children and their families.

The standard of compensation for death in a car accident is as follows:

1. The death compensation shall be calculated on the basis of the net income of urban residents and rural residents and shall be calculated on a 20-year basis;

2. Compensation for funeral expenses. According to the employee's salary of six months;

3. The deceased is under the age of 18, and the perpetrator shall compensate the dependents;

4. If a traffic accident causes death, compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as the loss of income due to lost work, as well as funeral expenses and death compensation.

What documents are required for a car accident medical claim.

1. Diagnosis certificate and medical records, etc.;

2. Receipts for medical expenses and other charges;

3. Detailed list of drugs and related charging documents;

4. X-rays, CT films and reports, as well as related charging documents;

5. Discharge record;

6. Other medical vouchers shall be determined according to the receipts of medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

Legal basis: Article 8 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability.

In the territory of the People's Republic of China, excluding Hong Kong, Macao and Taiwan, if the insured suffers a traffic accident in the course of using the insured motor vehicle, resulting in personal or property losses to the victim, the insurer shall be liable for damages borne by the insured in accordance with the law, and the insurer shall be responsible for compensation for each accident within the following compensation limits in accordance with the provisions of the compulsory traffic insurance contract:

1) The compensation limit for death and disability is 180,000 yuan;

2) The compensation limit for medical expenses is 18,000 yuan;

3) The compensation limit for property damage is 2,000 yuan;

4) When the insured is not liable, the compensation limit for death and disability without liability is 18,000 yuan; The compensation limit for non-liability medical expenses is 1,800 yuan; The compensation limit for the loss of property such as grandchildren without liability is 100 yuan.

Under the limit of compensation for death and disability and the limit of compensation for death and disability without liability, it is responsible for compensation for funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, ** expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost work expenses, and solatium for mental damage borne by the insured in accordance with the court judgment or mediation.

Under the compensation limit for medical expenses and the compensation limit for non-liability medical expenses, it is responsible for compensating medical expenses, diagnosis and treatment expenses, hospitalization expenses, inpatient meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses.

Compensation for death in a car accident is calculated according to the average cost of living in the place where the traffic accident occurred, and it is 10 years of compensation. For those under the age of 16, the age is reduced by one year for each year younger. For those over the age of 70, the age shall be reduced by one year for each additional year, and the minimum shall not be less than five years.

Article 1179 of the Civil Code stipulates that a person who infringes on others and causes personal injury shall be compensated for the reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

2. Living expenses of dependents: According to the degree of the dependent's inability to work, the sale of potato segments shall be calculated according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.

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. Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne by law.

Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year. 3. Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the 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.

4. Moral damages. 5. There are also other reasonable expenses such as payment fees, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. The specific amount varies from place to place, and needs to be calculated comprehensively according to Ran Feng's liability, household registration, number and age of dependents, local living standards, insurance, etc.

Article 1179 of the Civil Code stipulates that a person who infringes upon another person and causes personal injury shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

Legal analysis: If the victim dies as a result of a traffic accident, the following compensation items are mainly included:

1. Death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

2. Funeral expenses shall be based on the average salary of employees in the previous year at the location of the court where the lawsuit is filed for 6 months;

3. The living expenses of the dependents, if the dependents are minors, shall be calculated up to the age of 18; If you are unable to work and have no other livelihood, you will be sentenced to 20 years. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

4. The transportation expenses of family members, in principle, shall not exceed the reasonable transportation expenses of three people to deal with traffic accidents; Excess will be counted as three people.

5. The accommodation fee for family members, in principle, shall not exceed the reasonable accommodation fee for three people to deal with traffic accidents; Excess will be counted as three people.

6. In principle, the compensation for lost work of the family members shall not exceed the reasonable loss of work for three people to deal with traffic accidents; Excess will be counted as three people.

7. Solatium for mental damage. Depending on the economic development of the place where the court is sued, the amount of damages for mental bargaining is also different.

8. Rescue expenses. Calculated on a case-by-case basis.

Legal basis: "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 29: Death compensation is calculated on the basis of the per capita disposable income of urban residents or the per capita disposable income of rural residents in the previous year at the location of the court where the lawsuit is filed, and is calculated over a period of 20 years. For those over 60 years old, the age is reduced by one year for each additional year; If you are over 75 years old, it will be counted as 5 years.