Public Traffic Accident Reimbursement Question 20

1.Compulsory traffic insurance compensation. Responsible:

The maximum compensation for tripartite medical expenses is 10,000 yuan. Medical expenses include: medical expenses, diagnosis and treatment fees, hospitalization expenses, inpatient meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery fees, and nutrition expenses.

Escort fees are not included.

2.If the passenger has purchased personal accident insurance, he can also get the corresponding compensation (according to the insurance contract).

3.If the bus has other commercial insurance, it can also be compensated according to the benefit agreement.

4.Since the bus is not liable, it can claim compensation from the bus driver and his or her subordinate company.

5.The specific process should be negotiation, the amount of compensation should be agreed, and the negotiation agreement (signed by both parties to take effect) should be signed to close the case. In case of inconsistency, one party shall file a lawsuit with the court, and the court will mediate or adjudicate.

Based on your condition, your current diagnosis is multiple generalized soft tissue injuries.

Because it involves insurance compensation, there are the following items: medical expenses, hospital meal allowances, lost work expenses, nursing expenses, and transportation expenses.

The hospital meal subsidy is calculated according to the standard of food allowance for state staff on business trips;

Lost time pay; If they have a regular job, it is calculated according to the actual reduction in income.

If there is no fixed job, it shall be calculated according to the average salary of the industry in the previous year.

If there is no job, it will be calculated according to the household registration.

Nursing expenses: If the caregiver has a job, it will be calculated according to the lost work fee; If there is no job, it shall be calculated according to the general salary of the regular care worker or the average salary of the industry.

The items of personal injury compensation include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, follow-up expenses, disability compensation, etc.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 1: Where the person entitled to compensation sues for compensation due to the infringement of life, body, or health, and requests compensation from the person obligated to compensate for material damage or mental damage, the people's court shall accept it. The term "person with the right to compensation in the case of compensation" as used in this article refers to the victim who has directly suffered personal injury as a result of the tort or other causes of harm, as well as the close relatives of the deceased victim.

"Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.

The compensation items for personal injury are:

1. Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. If the person is disabled due to injury, the compensation items also include disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. and solatium for mental damages, etc.!

3. The specific amount of compensation varies according to the liability, insurance, and the specific situation of the individual and each locality.

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 devices, and the living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation.

Where the victim dies, the person obligated to compensate shall compensate for the funeral expenses, the expenses for the deferred sale of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue.

1. How to claim compensation for passengers who have been involved in an accident by bus.

If a passenger is injured during the operation of the bus, the bus company shall be liable for damages, regardless of whether the bus company is at fault.

1. The injured passenger can only claim the liability of the bus company. Unless ** is caused by the passenger's own health or the carrier proves that ** is caused by the passenger's intention or gross negligence, the carrier shall be liable for the passenger's ** damages.

2. According to the traffic accident liability determination, if both the pedestrian and the driver are at fault, that is, both are responsible, the two are joint torts, and the passenger can require the pedestrian and the bus company to jointly bear the tort liability and bear joint and several liability for each other, while the pedestrian and the bus company shall be liable according to the fault ratio of the traffic accident certificate.

The process of handling the bus traffic accident is as follows:

1. The on-site investigation and demolition of the transportation department will be verified. After the traffic police department reviews the on-site investigation records, it shall require the parties or witnesses to sign on the scene map;

2. Determination of traffic accident responsibility by the traffic department. Determine the liability of the parties according to the role of the parties' actions in the occurrence of the traffic accident and the severity of the fault;

3. The transportation department organizes compensation mediation. After confirming the end of the injured person ** or determining the result of the damage, inform the parties to file a lawsuit with the people's court within the statutory limitation period. It is also possible to file a lawsuit directly with the people's court without applying for mediation;

4. Filing a lawsuit with the people's court. Entrust a lawyer or file a lawsuit with the people's court on your own, and generally file a lawsuit in the basic people's court at the place where the accident occurred;

5. Apply for compulsory enforcement.

How to compensate for the primary and secondary responsibilities of traffic accidents.

1. If you bear full responsibility for the accident, you shall bear 100% of the compensation liability;

2. If the person is primarily responsible, 70% of the liability for compensation and the secondary liability shall bear 30% of the liability;

3. If they bear the same responsibility, they shall bear 50% of the compensation liability.

Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, in accordance with the traffic accident scene inquest, inspection, investigation and the relevant inspection and appraisal of the situation, promptly make a traffic accident identification document, as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.