How much is the road traffic accident compensation for grade 10 disability?

Legal analysis: A total of about 500,000 yuan will be compensated for a 10-level disability caused by a traffic accident, and according to the provisions of the judicial interpretation on compensation for personal injury, if a traffic accident causes a 10-level disability, the items to be compensated include medical expenses, nursing expenses, disability compensation, disability assistive devices, etc., and the specific amount of compensation depends on the circumstances of the case.

Legal basis: Interpretation of the Supreme People's Court on the Trial of Personal Injury Compensation Cases

Article 17: Where the victim suffers personal injury, the compensation obligor shall send a person to 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.

Where the injured person is disabled due to injury, the person obligated to compensate for the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the 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.

Article 19 Medical expenses shall be determined on the basis of the receipts of medical expenses, hospitalization fees and other receipts issued by the medical institutions, 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. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. 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.

Answer: The compensation standard for grade 10 disability in traffic accidents is as follows: 1. Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of inability of the victim 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. 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. 2. Grade 10 disability compensation: 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 is multiplied by 20 years and then multiplied by 10%.

1. Grade 10 disability compensation urban standard: 7 30,000 yuan; Rural standard: 1.87 million yuan;

2. Living expenses of dependents;

3. Compensation amount for medical expenses: medical expenses, medical expenses, hospitalization expenses, and other expenses (calculated based on actual expenses);

4. Compensation amount for lost work, income for lost work, lost time for lost work;

5. The amount of compensation for nursing expenses shall be calculated according to the standard of lost work or the number of nursing days according to the nursing remuneration standard of the same level of nursing staff at the place where the traffic accident occurred;

6. Compensation amount for transportation expenses: Actual transportation expenses;

7. Compensation amount for accommodation expenses Standard of accommodation for general staff of state organs on business trips Number of days of accommodation;

8. Compensation amount for hospital meal allowance Standard for food allowance for general staff of state organs on business trips Number of days of hospitalization;

9. The amount of compensation for nutrition expenses is the amount recommended by the medical institution at its discretion;

10. Grade 10 solatium for mental damage: 10,000 yuan;

11. Follow-up trouble;

12. Damage to vehicles and property.

1. Basis for the appraisal of traffic disability grades.

If the party involved in the traffic accident is disabled due to the traffic accident injury and needs to be evaluated, it must be within 15 days after the end of the accident, that is, within 15 days after the end of the injury directly caused by the accident or the complications caused by the injury, the injured party can first apply to the public security organ for disability assessment; If no application is made, it will be regarded as a general injury, and the injured person must apply for a disability assessment within 15 days after the end of the **. At this time, the two parties can reach an agreement through consultation and jointly select a qualified private appraisal agency for appraisal (for example, Yanping Judicial Appraisal Center and Tianping Judicial Appraisal Center in Yanji are all qualified private appraisal institutions).

If the injured person does not apply for disability assessment within 15 days, it shall be deemed that he has automatically waived his right to claim the living allowance and disability equipment fee of the disabled person. An application submitted beyond the application period is invalid and will not be accepted by the public security organs.

2. Who will pay the traffic accident disability compensation?

1. The insurance company shall compensate for the loss of the injured person within the limit of the insurance of the other party's vehicle, and the excess part shall be borne by the party responsible for the accident. The compensation limit for the liability of the insured motor vehicle in a road traffic accident is: the compensation limit for death and disability is 110,000 yuan; The compensation limit for medical expenses is 10,000 RMB; The compensation limit for property damage is 2,000 RMB.

2. If there are injuries in traffic accidents, it is necessary to do a disability rating in order to formulate the compensation amount, and the assessment of the disability level of traffic accidents needs to be assessed according to the following three situations:

Clause. First, the effect of human injury **.

Clause. 2. The relationship between disability and accidents and injuries.

Clause. 3. Primary injuries directly caused by traffic accidents to the human body and complications or sequelae caused by injuries.

The assessment of the disability level of traffic accidents needs to be comprehensively assessed according to the above three aspects.