Whether the illness caused during hospitalization after a traffic accident is covered by compensatio

In order for the owner to be liable, there must be a legal causal link between the injury and the consequences.

Although you think that there is a certain relationship between the outbreak of a brain tumor and being hit by a car, there is no causal connection in legal terms, so the car owner does not need to be held responsible for this.

According to the description, do a general analysis.

The liability of the car owner does not extend to the tumor. The owner is only responsible for the injuries he causes. That is, there is a causal relationship between the injury and the accident.

However, this situation is still judged according to the report of the hospital, and the hospital will have a medical explanation of the causal relationship between the car injury and the tumor.

If the medical report states that there is a medical causal relationship between the occurrence of the tumor and the traffic accident, then the two can be legally considered to have a legal causal relationship.

In this case, the owner of the car will be compensated.

The issue is complex, and a forensic evaluation should be requested to establish the relationship between the head injury and the underlying disease.

1. "May I ask if the owner is responsible for such a thing, and what is the scope of responsibility?" ": Whether the owner is responsible and the scope of responsibility, you need to come up with evidence to prove that "the outbreak and deterioration of the brain tumor must be induced by a series of events such as collision injury, **, medication, etc., and cause other diseases", which proves that there should be a doctor's diagnosis or the argument of a medical expert.

2. The principle of civil litigation is that whoever asserts the claim will provide evidence, and whoever has evidence to prove his claim will win, and if he cannot produce evidence to prove his claim, he will bear the consequences of losing the lawsuit: if you say that the brain tumor must have worsened due to a car accident, you have to come up with evidence.

3. This evidence is hard to find: Unless you can find a doctor's diagnosis certificate confirming that your mother's brain tumor "erupted and deteriorated must have been induced by a series of events such as collision injury, **, medication", etc., your request will not be supported.

Analysis of the law of law: although the victim is injured or killed due to a road traffic accident, although the damage result is due to his own illness, the liability of compulsory traffic insurance is a statutory liability, and the relevant laws and regulations do not stipulate that the participation of the injury should be considered when determining the liability of compulsory traffic insurance, and the insurance company should still make full compensation within the limit of compulsory traffic insurance.

Legal basis: Article 6 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 Article 6 Medical expenses are determined on the basis of the receipts issued by medical institutions for medical expenses, hospitalization fees, etc., combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. For the high fuel expenses, appropriate cosmetic surgery expenses and other follow-up expenses necessary for organ function restoration training, the compensation right holder may file a separate lawsuit after the actual occurrence. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

Legal analysis: Hospitalization meal subsidy refers to the compensation for the cost of food incurred by the victim according to certain standards after a road traffic accident when the victim needs to consume food during the period of receiving diagnosis and treatment in the hospital. There is a direct causal relationship between the occurrence of the hospital meal supplement and the road traffic accident, which is one of the contents of the accident liability and should be compensated.

Legal basis: Article 12 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 12 When signing a compulsory insurance contract for motor vehicle traffic accident liability, the policyholder shall pay all the insurance premiums at one time; The insurance company shall issue an insurance policy and an insurance mark to the policyholder. The insurance policy and insurance logo shall indicate the land burial number, license plate number, insurance period, name, address and claim number of the insurance company.

The insurer of the liquid bridge shall place the insurance mark on the insured motor vehicle. The style of the insurance logo is unified across the country. The insurance policy and insurance mark shall be supervised by the insurance regulatory authority.

No unit or individual may forge or alter or use forged or altered insurance policies or insurance marks.

Hospitalization meal subsidy refers to the compensation for the cost of food incurred by the victim in accordance with certain standards after the road traffic accident when the victim needs to consume food during the period of receiving diagnosis and treatment in the hospital. There is a direct causal relationship between the occurrence of the hospital meal subsidy and the road traffic accident, which is one of the contents of the accident liability and should be compensated.

Article 12 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability When signing a compulsory insurance contract for motor vehicle traffic accident liability, the policyholder shall pay all the insurance premiums at one time; The insurance company shall issue an insurance policy and an insurance mark to the policyholder. The insurance policy and insurance logo shall indicate the insurance policy number, license plate number, insurance period, name and address of the insurance company, and the claim number. The insured shall place an insurance mark on the insured motor vehicle.

The insurance does the fiber logo style unified across the country. The insurance policy and insurance mark shall be supervised by the insurance regulatory authority. No unit or individual may forge, alter, or use forged or altered insurance policies or insurance marks.

Compensation for a general car accident includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal allowances, and nutrition expenses.

1.Reimbursement criteria for medical expenses.

Medical expenses need to be determined according to the receipt of medical expenses and hospitalization fees issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates.

2.Compensation for lost time pay.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no fixed income, it is calculated on the basis of his average income in the last three years, and where the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by reference to the average salary of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

3.Compensation for nursing expenses.

Where nursing staff have a recipient, refer to the provisions on lost time pay to calculate the nursing staff's income or hire nursing staff, it is to be calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing.

4.Compensation standard for transportation expenses.

Transportation expenses shall generally be paid in accordance with the standard of travel expenses for ordinary staff members of state organs at the place where the infringement was committed.

5.Compensation standard for hospital meal allowance.

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

6.Compensation for nutrition expenses.

The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.

Article 20 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.

Lost time pay is determined based on the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no regular income, the calculation is based on his average income in the last three years, and where the victim cannot provide evidence to prove his average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Article 24 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.

The nutrition fee is determined according to the victim's disability and with reference to the opinions of the medical institution.

1. If both parties to the accident are motorized or cong jujube vehicles, the two parties shall compensate each other for their losses in full within the amount of compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property; The insufficient part shall be shared by both parties in the ratio of 7:3;

2. If one party to the accident is a motor vehicle and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and if the motor vehicle accounts for the main responsibility, the primary and secondary responsibilities shall be shared according to 8:2, and if the motor vehicle shall be secondary, the primary and secondary responsibilities shall be shared according to 6:4;

3. If both parties are non-motorized vehicles or pedestrians, all losses shall be shared in a ratio of 7:3.

The insurance compensation method is as follows: compulsory traffic insurance to compensate for the loss of compulsory traffic insurance, commercial three liability insurance to compensate for the loss of insufficient part of the compulsory traffic insurance, commercial vehicle damage insurance to compensate the other party for the loss of the vehicle after the compensation of the insufficient part, and commercial vehicle personnel insurance to compensate the other party for the loss of the person on the vehicle after the compensation for the insufficient part of the vehicle.

1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is really necessary to continue after the case is concluded, it shall be paid according to the necessary dismantling costs.

2) Compensation for lost work: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.

3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.

4) Nursing expenses: During the hospitalization of the injured, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.

5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.

However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years for Zheng Ming; Those over the age of 70 are counted as five years.

6) Expenses for disability appliances: Appliances that need to be equipped with compensatory functions due to disability are calculated according to the cost of universal appliances with a hospital certificate.

10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.

11) Accommodation expenses: Vouchers shall be calculated and paid according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred.