After the traffic accident, the victim did not assess whether he was disabled or not, and whether he

There are compensation for personal injury, but not for moral damage.

Calculation of traffic accident compensation.

1. Compensation amount for medical expenses = diagnosis and treatment expenses + medical expenses + hospitalization expenses + others;

2. The amount of compensation for lost work for the parties and nursing staff = lost work income (January) Lost work time.

3. Nursing expenses = the same level of nursing labor remuneration standard for nursing in the place where the traffic accident occurred, the number of nursing days, and the number of nursing personnel.

4. Transportation expenses = the standard of expenses generally does not exceed the standard of transportation expenses for personnel of state organs in the place where the traffic accident occurs;

5. Accommodation fee = standard accommodation fee for general staff of state organs on business trips and accommodation time.

In the case you mentioned, there is generally no compensation for moral damages, and China's regulations on moral damages are particularly strict, unless there is a serious facial injury, etc., it is still possible, but the amount that can be supported is also very small

In principle, no, moral damage must reach a certain level (e.g. disability and death) before the victim or relatives of the deceased can receive moral compensation. If the victim is disabled, he or she should ask an appraisal agency to assess the level of disability and then request compensation according to the degree of disability.

Legal analysis: There is no compensation for mental damages in the level of disability in traffic accidents, there is no specific standard, and compensation is made within a reasonable range according to the size and degree of mental damage and according to the actual situation.

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 from the First Return of a Person Sold by a Person

Article 20: Where a person obligated to make compensation requests payment of disability compensation or assistive devices in the form of a fixed payment, he or she shall provide a corresponding guarantee. The people's court may determine the payment of relevant expenses in the form of a fixed payment on the basis of the compensation obligor's ability to pay and the provision of guarantees. However, expenses incurred before the conclusion of the first-instance court's debate, compensation for death, and solatium for moral damages shall be paid in a lump sum.

Article 23: Solatium for moral damages shall be determined in accordance with the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Damages from Mental Hunger in Civil Torts".

Can I pay for mental damage if I am not disabled in a traffic accident: There is no disability level, and there is generally no mental loss fee.

1. Response measures after traffic accidents.

1. Call 120 first aid** to rescue the injured person, and take some appropriate emergency rescue measures;

2. Protect the site. If it is necessary to move the position of the injured person or vehicle for reasons such as rescuing the injured or restoring traffic order, the location must be marked to avoid unclear identification of responsibility for traffic accidents;

3. Reach a compensation agreement by yourself or call the police.

2. The handling of traffic accidents by the traffic department.

1. On-site investigation.

After the traffic police department reviews the on-site investigation records, it shall require the parties or witnesses to sign the scene map. For the purpose of inspection, the vehicle involved in the accident and the relevant documents of the parties may be detained;

2. Determination of traffic accident liability.

After investigation, the traffic police department shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of the traffic accident and the severity of the fault. The traffic police department shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident that has been inspected and inspected at the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle.

Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed. If the person and vehicle involved in the traffic hit-and-run accident are not seized, and the party to the traffic accident compensation requests the issuance of a traffic accident identification document, the traffic police department may make a traffic accident identification document within 10 days after receiving the written application of the party concerned with the traffic accident damage compensation;

3. Administrative penalties.

4. Organize compensation mediation.

After confirming the end of the injured person ** or determining the result of the damage, if the parties to the accident agree to carry out compensation mediation, the traffic police department can organize mediation. The number of mediations is generally not more than 2. If the mediation fails, fill in the "Mediation Conclusion Letter" and 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.

III. Litigation and Enforcement.

1. Clarify the subject of traffic accident compensation. For details, please refer to the provisions of this ** and its cherry name;

3. Entrust a lawyer or file a lawsuit in the people's court on your own. Generally, a lawsuit is filed in the basic people's court at the place where the accident occurred;

4. Litigation of first instance and litigation of second instance. During the court proceedings, the parties may mediate under the auspices of the court and reach a mediation agreement. If the mediation fails, the court shall make a judgment in accordance with law;

5. Apply for compulsory enforcement. If the person obligated to perform the judgment fails to perform the obligation to compensate within the time limit determined by the judgment or mediation, the plaintiff may apply to the people's court for compulsory enforcement, and the court enforcement bureau shall enforce the obligation to perform the obligation of compensation to the obligor for compensation.

If the traffic accident did not cause disability, there is moral compensation. The details are as follows:

1. In the process of handling traffic accidents, for the professional inspection of the mental and physical conditions of the parties, the traffic clearance management department of the public security organ needs to entrust a qualified appraisal agency to conduct inspection and appraisal within 3 days from the date of the end of the traffic accident scene investigation. If it is necessary to inspect and identify after 3 days from the date of the end of the on-site investigation, it shall be reported to the traffic management department of the public security organ at the next higher level for approval;

2. Where the victim or the close relatives of the deceased request compensation from the people's court for compensation for moral damages, the relevant laws are to be applied to determine it. The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or where the person entitled to compensation has already filed a draft and filed a lawsuit with the people's court.

Legal basisArticle 12 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.

Disability compensation is calculated on the basis of the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed, and is calculated for 20 years from the date of determination of disability. 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.

Where the victim is disabled due to injury but his actual income has not decreased, or where the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her employment, the disability compensation may be adjusted accordingly.