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In terms of personal injury compensation, according to Article 17 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 Article 16 of the Tort Liability Law of the People's Republic of China, the following items are included:Medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives in handling funeral matters, accommodation expenses, loss of work and other reasonable expenses, and solatium for mental damages.
In terms of compensation for property losses: in principle, compensation should be made to the original state or at a discounted price. For partially repairable vehicles, facilities and articles, compensation shall be made for maintenance costs; If the depreciation is caused by partial losses, the loss of the depreciation part shall also be compensated; Where it cannot be repaired, compensation shall be made for its actual value.
Where the victim suffers indirect losses as a result of a traffic accident, the infringer shall also compensate for the losses. For example, in a traffic accident damage compensation case, if the victim claims compensation for the loss of the suspension of operation during the repair period of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for it.
More detailed information can be provided, which can lead to more detailed legal advice.
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Depending on what kind of car accident it is, if you have insurance, you can report it.
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Renminbi, U.S. dollars, euros, and there are also those that lose money
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In the event of a traffic accident that causes property damage or personal injury, the perpetrator shall be liable for damages. The standard of compensation for property loss is: according to Article 19 of the Tort Liability Law, if the property of another person is infringed, the property loss shall be calculated according to the market or other methods at the time of the loss; Wait.
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After a traffic accident, the most important thing is compensation, so how to claim compensation has become a question often asked by netizens, so today I will share this issue. First of all, it should be emphasized that everyone must use legal channels to make claims, and cannot use drastic methods, which will not only be detrimental to solving the problem, but will also escalate the conflict, and may even violate the law. So what are the legal ways to make a claim?
There are two main ways, one is reconciliation and the other is litigation. If you solve it in this way, you must pay attention to signing a written settlement agreement with the other party, otherwise, all verbal promises may become an "empty talk"; Another method is litigation, which is what we often call "litigation", which requires going to the court to file a case, and finally implement it in accordance with the mediation letter or judgment issued by the court.
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1. Medical expenses: Medical expenses include the expenses paid by the parties for the first injury, examination, surgery, medicine, hospitalization, cosmetic surgery and follow-up. It is determined on the basis of the receipt voucher issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before mediation. The necessary ** fee for organ function recovery training, appropriate cosmetic surgery fee and other follow-up ** expenses can be calculated with reference to the seasonal standard at the time of mediation settlement.
2. Lost work pay: The lost work pay is determined according to the lost time and income of the parties. The time of lost work is determined according to the certificate issued by the medical institution that the party accepts.
Where a party 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 party has a fixed income, the compensation for lost work shall be calculated according to the actual reduced income. If the party has no fixed income, it is calculated on the basis of the average salary of the last three years.
Legal basisArticle 18: "Interpretation of the People's Republic of China on Compensation for Personal Injury" (1) The items of compensation for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**. (3) The compensation items for the death of the victim include:
In addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses for dependents, compensation for the death of the victim, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. (4) Solatium for mental harm suffered by the victim or close relatives of the deceased.
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