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The person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility.
Where the victim dies, compensation shall be paid for funeral expenses, 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.
Where the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.
The compensation items shall be determined in accordance with the actual situation, and the expenses shall be settled in a lump sum.
The standard of damages shall be calculated in accordance with the following provisions:
1. Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.
2. Death compensation: calculated according to the average living expenses of the place where the traffic accident occurred, and the compensation will be 10 years. For those under the age of 16, the age shall be 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.
3. Living expenses of dependents: limited to the people who were actually supported by the deceased before his death or the disabled person lost the ability to work, and who had no other livelihood, and were calculated according to the subsidy standard for residents in the place where the traffic accident occurred. Persons under the age of 16 are raised until they reach the age of 16.
For a person who is unable to work for 20 years, but over the age of 50, the age shall be reduced by one year for each additional year, with a minimum of not less than 10 years;Those over the age of 70 are counted as five years. Support for other dependants for five years.
4. Transportation expenses: calculated according to the actual necessary expenses of the parties, and paid by vouchers.
5. Accommodation fee: calculated according to the accommodation standard of the general staff of the state organ in the place where the traffic accident occurred, and paid by voucher.
The transportation expenses, lost work expenses, and lodging expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated with reference to the relevant provisions, and the responsibility for the traffic accident shall be shared according to the parties, but the number of people calculating the expenses shall not exceed three.
Vehicles, articles, facilities, etc. damaged by traffic accidents shall be repaired, and if they cannot be repaired, compensation shall be made at a discount. If the livestock loses its use value or dies due to injury, compensation shall be made at a discounted price.
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Where a traffic accident causes death on the spot, compensation shall be made for the funeral expenses of the deceased's close relatives, death compensation, and expenses for lost work and transportation expenses in handling funeral matters. Where the close relatives of the deceased suffer mental harms, and the person entitled to compensation requests compensation from the people's court for compensation for mental damages, the amount is to be determined in accordance with law.
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If there is a traffic accident and there are people, how can the insurance company compensate?
Cars have become an essential tool for modern families, and many people choose to travel by car, whether it is for work or business. However, in the event of a traffic accident, if there is no person, it is okay, according to the relevant regulations, there is no responsibility to pay compensation. If there is a person, how will the insurance company compensate?
1.In the event of a traffic accident, what are the payers and what is the order?
The insurance company that underwrites the compulsory traffic insurance shall compensate within the limit of liability; The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract; If there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.
2.What are the payouts' payouts and payout ratios?
The principle of compensation for personal injury accidents is the principle of compensation, the injured party compensates the injured party for the loss in accordance with the responsibility, there are many compensation items, all compensation items need to be supported by materials, and compensation cannot be obtained without materials.
Liability and compensation ratio of compulsory traffic insurance.
Traffic accident compensation items mainly include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace.
What we need to be clear about is the ratio of liability and payout of commercial insurance.
3.In the event of a traffic accident, how else can we get compensation?
In addition to the above compulsory traffic insurance and commercial insurance, accident insurance, medical insurance, critical illness insurance and life insurance purchased by individuals also play a very important role.
Accident insurance: In the event of accidental death or disability, regardless of whether there is any liability involving others, the accident insurance we buy ourselves can also be claimed. Now the accident insurance buys an insurance amount of 500,000 yuan, which is about 100 yuan a year, and any ordinary family can afford to spend it.
Million Medical Insurance: In the event of a large amount of accidental medical expenses, the high sum insured of the Million Medical Insurance can play a key role.
Critical illness insurance: If an accident is caused by a third party, critical illness insurance is actually very simple, as long as it reaches the status agreed in the terms, you can get a claim.
Life insurance: Life insurance is simpler and pays you out in the event of death.
Write at the end. Finally, safety comes first. In the unfortunate event of an accident, under the condition of ensuring your own safety, evacuate the scene as much as possible, press the double flashing lights, and place a triangle to prevent the occurrence of a second accident. In addition, if it is a major accident, you must call the police and ask the police to survey the scene in case there is a dispute in the future.
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Answer: Root copy.
According to the standard of living in the place where the deceased lived
There will be a difference between the different, du
There will be differences according to the age of the deceased, according to the proportion of responsibility of both parties, and according to the section of the road (closed highway and ordinary mixed road).
It will be different according to the deceased's job or educational background, and it will be different according to the type of vehicle (e.g., a fire truck has an accident with a pedestrian who violates the red light while carrying out a task with the alarm on).
In short, compensation is considered in many ways!
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Can bumping into a chairman be the same as bumping into a cyclist?
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Compensation for death caused by a car accident: Death compensation is calculated at 20 times the per capita disposable income of urban residents or the per capita net income of rural residents in the place where the traffic accident was accepted in the previous year. However, those over the age of six or eight are doubling year by year; Those over the age of 75 are counted as five times.
Article 1179 of the Civil Code: Where a victim suffers a personal injury, the compensation obligor shall compensate for 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 necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation, shall also be compensated by Liang Randang. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rush to rescue the branches, 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.
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Funeral expenses, death compensation, transportation expenses, accommodation expenses, and those rescued also include the victim's own loss of work and the living expenses of the dependents, and the compensation and living expenses of several dependents shall not exceed the victim's income and property losses.
Legal basis: Article 14 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: Funeral expenses are calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the total amount for six months.
Article 15 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Death compensation is calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or 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.
Article 16 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: The living expenses of dependents are included in disability compensation or death compensation.
Article 17 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: The living expenses of dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the standards for 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; If you are over 75 years old, it will be 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. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the amount of the previous year's per capita consumption expenditure of urban residents or the amount of the per capita annual living expenditure of rural residents.
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1. Death compensation 2, funeral expenses 3, transportation expenses 4, accommodation expenses 5, family loss of work expenses 6, living expenses of the trembling supporters 7, and spiritual solace funds.
Article 17 of the Full Text of the Judicial Interpretation on Compensation for Personal Injury.
The person obligated to compensate the victim for personal injury, the expenses incurred for 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 person obligated to compensate shall compensate for the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article, as well as the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, such as transportation expenses, accommodation expenses, and loss of work.
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1. Death compensation:
Urban standard: 20 years = 651974 yuan.
Rural standard: 20 years = 233386 yuan.
2. Funeral expenses: 59345 2=yuan.
3. Transportation expenses: 2000-5000 yuan.
4. Accommodation fee: 2000-5000 yuan.
5. Lost work expenses for family members: 30 family wages for 3 people for 15 days.
6. Living expenses for dependents:
Parental support].
Urban standard: actual age - 60 years old)] Number of siblings.
Rural standard: actual age early Liang - 60 years old)] Number of siblings.
Child support].
Town Standard: Chronological Age) 2
Rural Standards: Chronological Age) 2
7. Spiritual solace: 20,000-100,000 yuan (according to the determination of accident responsibility).
Compulsory traffic insurance claim rules: the current national law stipulates that the opportunity car must purchase compulsory traffic insurance, the compensation rules of compulsory traffic insurance are not divided into traffic accident liability, no matter whose responsibility is the mu, the insurance company will pay compensation within the limit of compulsory traffic insurance, and the part exceeding the limit of compulsory traffic insurance shall be shared according to the responsibility, and 1-7 items belong to the death and disability compensation limit, and the limit is 110,000.
The following elements shall be present for a traffic accident:
1) Must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;
2) It happens on the road. Roads refer to highways, urban roads and places where social motor vehicles are allowed to pass although they are under the jurisdiction of the unit. Including squares, public parking lots and other places used for public passage;
3) Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;
4) Something happens. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;
5) The cause of the state of affairs is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;
6) There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;
7) The psychological state of the party is negligent or has other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.
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