Traffic accident compensation dispute case, traffic accident compensation case 1

1.The medical expenses, Zhu Moumou generated a total of yuan, which was confirmed by the corresponding medical documents, and was related to the traffic accident, and this hospital determined that the non-medical insurance drugs were yuan.

2.Nutrition fee, Zhu Moumou claimed 1,800 yuan (20 yuan a day, 90 days), in line with the law, this court to determine.

3.For lost work, Zhu Moumou claimed 18,000 yuan (100 yuan a day for 180 days). Zhu Moumou claimed that he was engaged in farmland cultivation and odd jobs before the incident, with a daily wage of 100 yuan, but only submitted a certificate issued by the Changsheng Community Residents Committee of Taixing City, and did not submit other evidence to support it, and this court did not support the amount of his claim.

However, considering that he had not yet reached retirement age at the time of the incident and was still able to engage in a certain amount of work, and considering his age and the income level of the same industry in the region, this court determined that the period of lost work was 180 days and the lost work fee was 14,400 yuan.

4.Nursing fee, Zhu Moumou claimed 9,000 yuan (100 days and 90 days). Based on the severity of his injuries and the degree of nursing dependence, the hospital determined that the nursing period was 90 days and the nursing fee was 9,000 yuan.

5.Disability compensation, Zhu Moumou's claim for yuan (55,862 yuan year, 10% 19 years), in line with the law, this court to affirm. Ping An Insurance Company's argument that the disability compensation should be calculated at a rate of 80% has no factual or legal basis, and this court does not accept it.

6.Zhu Moumou claimed 5,000 yuan for mental injury solatium, and he was disabled due to the accident, causing a relatively large mental blow, and this court decided 4,000 yuan at its discretion.

7.Zhu Moumou advocated 4,410 yuan for transportation expenses, and the use of transportation expenses should follow the principle of reasonable use and taking public transport vehicles, combined with Zhu's medical location and injury, this hospital decided 1,200 yuan.

The total amount of the above losses, of which the non-medical insurance drug yuan, will be borne by Sun Liming, and the rest of the losses will be compensated by Ping An Insurance Company. In view of the fact that Ping An Insurance Company paid 60,000 yuan in advance and Sun Liming paid 40,000 yuan in advance, Ping An Insurance Company should still compensate Zhu Moumouyuan and pay Sun Limingyuan.

1.For medical expenses, Sun Moumou claimed RMB, of which Yuan had a medical certificate, and this court recognized it; The patient's name on the outpatient fee invoice for the remaining 122 yuan is not Sun Moumou, and this hospital will not recognize it. Yuanzhong non-medical insurance drugs are yuan.

2.For the hospital meal subsidy, Sun Moumou claimed 500 yuan (20 yuan a day for 25 days). The People's Finance Insurance Taixing Company has no objection, and this court affirms it.

3.Nutrition fee, Sun Moumou advocated 1800 yuan (20 yuan a day for 90 days). The People's Finance Insurance Taixing Company has no objection, and this court affirms it.

The total amount of the loss shall be compensated by the People's Financial Insurance Taixing Company within the liability limit of the compulsory traffic insurance of 18,000 yuan, and within the liability limit of the commercial third-party insurance, the total amount of yuan; Compensation by Zhai Jun.

2. Compensation for disability expenses.

1.Nursing fee, Sun Moumou claimed 9,000 yuan (100 yuan a day for 90 days). Sun Moumou advocated that the nursing fee should be calculated according to the standard of 100 yuan per day, and combined with his injury and nursing dependence, this hospital determined that the nursing period was calculated as 90 days, and the nursing fee was 9,000 yuan.

2.Lost work expenses, Sun Moumou claimed 34,230 yuan (163 yuan a day, 210 days). Sun Moumou asserted that the compensation for lost time should be calculated according to the standard of 163 yuan per day, and that it should not exceed his average salary in the six months prior to the incident, and this court affirmed it.

Seven months after the incident, his unit paid 18,886 yuan in wages, which should be deducted, and Sun's actual loss of lost work was 15,344 yuan.

3.Disability compensation, Sun Moumou claimed yuan (20% for 20 years in the first year). The People's Finance Insurance Taixing Company has no objection, and this court affirms it.

4.Solatium for mental damages, Sun Moumou claimed 10,000 yuan. He was disabled due to this accident, which caused a large mental blow, and the court decided to set it at 7,000 yuan.

5.Transportation expenses, Sun Moumou claimed 800 yuan. The use of transportation expenses shall follow the principle of rational use and taking public transport vehicles, and the hospital shall set it at 600 yuan at its discretion in light of the medical location and the condition of the injury.

The total amount of the loss is 180,000 yuan within the liability limit of the compulsory traffic insurance of the People's Republic of China, and the compensation of 180,000 yuan within the liability limit of the commercial third party insurance, totaling the yuan.

3. Compensation for property damage.

For the loss of the vehicle, Sun Moumou claimed 2,190 yuan, as evidenced by the maintenance fee bill and the maintenance list, and this court determined it.

The loss totaled 2,190 yuan, which was compensated by the People's Financial Insurance Taixing Company within the liability limit of the compulsory traffic insurance of 2,000 yuan, and within the liability limit of the commercial third-party insurance, totaling yuan.

For the above three losses, the People's Finance Insurance Taixing Company should compensate Yuan, and after returning Liu Rongcheng 1,750 Yuan, he should still compensate Sun Moumou Yuan; Zhai Jun should compensate Sun Moumouyuan, and Besturn Transportation Company should bear joint and several liability.

The parties to the traffic accident compensation dispute may request the traffic management department of the public security organ to mediate, or may directly file a civil lawsuit with the people's court, and the complaint shall be submitted to the people's court, and a copy shall be submitted according to the number of defendants.

[Legal basis].Article 119 of the Civil Procedure Law: Conditions for filing a lawsuit.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Procedures for compensation for traffic accidents: 1. The traffic police shall first determine the responsibility for the accident, and then issue a certificate of responsibility for the traffic accident. 2. According to the determination of responsibility, the two parties can negotiate compensation matters or apply for traffic police mediation.

But this is not mandatory. 3. If the negotiation fails, the victim may sue the court for compensation. In practice, the scope of compensation for car accidents should include:

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 this article and paragraph 1 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, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The exact amount should be calculated in light of the specific circumstances of the parties and relevant local standards. According to the above, when we are faced with a car accident, we should first call the police and ask the traffic police to issue a traffic accident liability determination for the traffic accident; secondly, negotiate with the other party on the amount of compensation for the accident; When the negotiation fails, we can file a lawsuit in court.

1. What is the compensation standard for expressways?

The compensation standards for traffic accidents on the highway are as follows: the compensation obligor shall compensate the victim for personal injury, various expenses incurred due to medical treatment** and income lost 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 this article and paragraph 1 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, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Articles 19, 62 and 84 of the Provisions on Procedures for Handling Road Traffic Accidents.