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1. If the vehicle involved in the accident has purchased insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;
2. The underwriting insurance company shall first compensate within the limit of liability, and the insufficient part shall be borne by the perpetrator.
3. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced 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.
4. 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 insured with 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") at the same time 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.
5. 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.
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Grade 10 disability compensation 2 years of local per capita income.
2 10 levels of compensation per capita income per year.
Buchuan belongs to Guangxi, and the per capita income standard of urban household registration in 2014 is 23,305 yuan, so the compensation: 23,305 * yuan.
The 2015 standard should have been released at the end of June, but I didn't find it, and it wasn't much different from 2014.
This is only a disability claim and does not include medical expenses, ** expenses, nursing expenses, lost time expenses, etc.
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A set of courtyard houses within the second ring road in Beijing, one less tile will let him pay for his life.
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Grade 10 disability should be counted as 10% of the total disability, and 10% of the corresponding insurance coverage should be paid.
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Look at the responsibility The injured person is fully responsible for the maximum compensation of 10,000 or 20,000 yuan.
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It seems to be a good cheat.
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Compensation is based on the determination of accident liability.
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800 million, one point less to let him go.
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Article 35 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 stipulates that: "The "per capita disposable income of urban residents", "per capita net income of rural residents", "per capita consumption expenditure of urban residents", "per capita annual living consumption expenditure of rural residents" and "average wage of employees" as used in this interpretation shall be determined in accordance with the relevant statistical data of all provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities specifically designated in the state plan published by the ** statistical department.
"Previous year" refers to the previous statistical year at the conclusion of debate in the first-instance courtroom. ”
For details, you can refer to the following regulations, which are explained in detail.
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Generally, it is calculated according to the local rural per capita income standard, but if you live in an urban or mainly change to an urban area, and you can provide corresponding evidence, it can be calculated according to the urban standard.
If you have any questions, please feel free to contact me.
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1. In 2011, the per capita disposable income of urban residents in Zhejiang was 30,971 yuan.
The formula for calculating the standard of disability compensation for traffic accidents in 2011 is as follows: 2011 The per capita disposable income of urban residents and consumers is 20 years.
3. The total amount of compensation for grade 10 disability is: 30,971 10% 20 = 91,942 (yuan).
4. The above amount under the age of 60 shall be calculated as 20 years; For those over 60 years old, one year will be reduced for each additional year; If you are over 75 years old, it will be counted as 5 years.
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Medical expenses, lost work expenses, nursing expenses, nutrition expenses, disability compensation, etc.
Do the math yourself.
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A power of attorney is required to do a disability appraisal, and it is generally at the end of the appraisal at the end of the appraisal, and you should apply for it first, and the other party should bear it first.
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Just ask the hospital where you are hospitalized.
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It's definitely not a grade 10 disability! It was around 6-8.
The compensation is based on the standard of the place where the household registration is located!
If a civil lawsuit is involved, the judgment may be based on the standard of the place where the accident occurred!
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1.If the level of disability needs to be judged based on the hospital's medical records, diagnosis certificates, and the injured person's ** condition, ** condition and post-injury mobility limitations, the final appraisal conclusion will be issued in combination with the standards of the "Disability Assessment of Persons Injured in Road Traffic Accidents".
2.According to the disability you described, the disability level is about 10, and the specific level depends on the appraisal conclusion of the forensic laboratory!
3.As for compensation, it is generally based on the standard of the place where the accident occurred. However, the nature of the injured person's hukou will affect the amount of compensation, and the amount of compensation will be very different between the rural and urban hukou.
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About ten grades, but only estimates, it is recommended that you bring your medical records to the forensic laboratory for consultation, the staff of the forensic laboratory, only after consulting the entire medical records of the injured person can determine the level of disability or whether it constitutes a disability; The compensation standard is generally based on your place of residence, but if you are resident in a certain place, the compensation can be calculated according to the standard of your place of residence.
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It can be set at level 9 or 10. You can choose which place has the highest standard and which place is the highest choice.
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Compensation shall be based on the standard of the area where the court where the lawsuit is filed.
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Agree with what the second floor said.
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It is recommended that you bring your medical records to a forensic laboratory for consultation.
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The compensation standards for farmers and residents are different, residents are calculated according to the per capita disposable income of urban residents in the previous year, and farmers are calculated according to the per capita net income of rural residents.
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This is mainly reflected in disability compensation and living expenses for dependents.
According to Article 25 of the Judicial Interpretation of the Supreme People's Court on the Trial of Personal Injury Cases, disability compensation is calculated according to the degree of the victim's inability to work or the level of disability, and 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.
Article 28 stipulates that the living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with 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. Therefore, the difference between rural and urban hukou is the difference in compensation standards.
However, if the habitual residence of the person entitled to compensation is in an urban area, it may be calculated according to the standard of habitual residence if the evidence is sufficient.
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Let them sue, and then add the insurance company in, and you will be happy to be a "second setter".
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Per capita net income of rural residents: The per capita net income of rural residents is the standard for calculating the disability compensation and death compensation of the injured rural residents. The per capita net income of rural residents is an annual accounting indicator.
2.Rural residentsRural residents refer to those who have an agricultural household registration and live in rural areas and make a living from agricultural production, that is, the permanent resident population in rural areas.
3.The per capita annual living consumption expenditure of rural residents is the standard for calculating the dependency allowance of rural residents. The per capita annual living consumption expenditure of rural residents.
Question 2004 traffic accident: Male died at the age of 48 in the countryside, how much can I accompany Now I want to sue can I not.
I gave 10,000 yuan for the question.
If you look at the heavy storms and disasters that occur when a typhoon arrives, you can imagine it.
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The work-related injury insurance benefits will not be affected if the injured employee has not worked for 12 months, and his salary will be calculated on the average basis of the actual working hours. >>>More
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