My relative was in a car accident while driving to the highway and died directly, how can I make a c

The responsibility for the accident must be determined by the traffic police, and the person responsible for the accident ruled by the traffic police is the tortfeasor, and the compensation of the deceased shall be borne by the infringer.

In order to get reasonable compensation, you should not be involved in the settlement of the claim, and go directly to the infringer.

Insurance claims are a contractual relationship between the tortfeasor and the insurance company, and you do not need to agree with the insurance company's claim settlement method.

You have to add first:

Your father's age at the time of the car accident, what occupation he was engaged in before his death, proof of income, or unemployed, is it a rural or urban population, does your father have minor children to support now, if so, the age of the children, is there an elderly person who needs to be supported, the age of the elderly who are supported, and are there any wives and children who are out of labor force and need to be supported, age?

Where the accident occurred is related to the standard of funeral expenses.

All of the above must be explained, otherwise it can't be calculated

It is mainly determined by these factors, and other possible compensations account for relatively small or infrequent occurrences.

After reading your supplement, I don't know much about the average salary of local workers in Huai'an, I didn't find it on the Internet, so you can calculate it yourself.

Funeral expenses are based on the average salary of employees in the previous year at the location of the court of litigation, that is, in 2009, and are paid for six months.

If your father's age is not more than 60 years old, the death compensation will be compensated for 20 years, more than 60 years old, for each year of age, it will be reduced by one year, and if you are over 75 years old, it will be calculated for 5 years, and the standard of compensation is the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year.

The living expenses of the dependents are for adults, and if they are unable to work and have no other livelihood**, they shall be calculated for 20 years. Those over the age of 60 will be reduced by one year for each year of age, and those over the age of 75 will be counted as five years. It is calculated on the basis of the per capita consumption expenditure of urban residents in the previous year or the per capita annual living expenditure of rural residents in the land where the lawsuit is filed.

For example, those who have mental illness or physical disabilities are recognized as incapable of working.

For example, in 2009, the average salary of employees in Tianjin was 41454, and funeral expenses were calculated according to six months, (41454 12) * 6 = 20727 yuan.

In 2009, the per capita disposable income of urban residents in Tianjin was 19,423 yuan per year, and the death compensation was calculated according to 20 years, 19,423*20=388,460 yuan.

Assuming that there is a dependent who is unable to work, in 2009, the per capita consumption expenditure of urban residents in Tianjin is 13,422 yuan per year, and the living expenses of the dependents, calculated on a 20-year basis, are 13,422*20=268,440 yuan.

The above total is the compensation for death caused by a traffic accident as determined by the court. All you need to do is replace the data in Tianjin with the data of the location of your litigation court.

Hello, I don't know what kind of car your relatives are in, so I'll explain them separately.

Long-distance bus: This kind of accident is generally contacted by the company to which the bus belongs with the bill, and the relevant documents including the accident appraisal and the description of the situation at the time are obtained. Bus companies should have their own insurance companies that can pay compensation to victims.

Private car: An accident certificate is also required, which can be reimbursed by the vehicle's insurance company.

1) Funeral grants.

Funeral subsidy compensation amount = average monthly salary of employees in the overall area in the previous year (yuan) 6

2) One-time ** subsidy.

1. The amount of one-time work-related death subsidy = 20 per capita disposable income of urban residents in the previous year

3) Pension for dependent relatives.

1. Compensation amount for spouse and dependent relatives = 40% of the employee's salary (RMB) for the death of the worker;

2. The amount of compensation for the pension of other relatives who take Youyan = 30% of the salary of the employee who died of work-related injury (January);

3. If the spouse is a lonely and widowed elderly, the compensation amount of the pension for dependent relatives = 50% of the salary of the employee who died of work-related injury;

4. If other relatives are lonely elderly or orphans, the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury

1. How to calculate the pension for dependent relatives who died of work-related injuries.

The specific calculation criteria are as follows:

The spouse can receive 40% of the employee's salary per month, provided that the spouse is dependent on the work-related death of the employee to provide the main livelihood** during his or her lifetime and is completely incapacitated, or the spouse of the employee who died at work is at least 60 years old for men and 55 years old for women.

The calculation formula is: the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury (yuan grinding chain month).

Each other relative receives 30% of the employee's salary per month.

The calculation formula is: the amount of compensation for the pension of dependent relatives = 30% of the employee's own salary (yuan) that died of work-related injuries

The monthly allowance for each elderly or orphan is increased by 10 per cent per month, i.e. if the spouse of the employee who dies at work is a widow or orphan, the monthly pension for dependent relatives is 50 per cent of the employee's salary.

The calculation formula is as follows: the amount of compensation for the pension of dependent relatives = 50% of the salary of the employee who died of work-related injury

If the parents, grandparents, siblings, etc. of the injured employee are lonely elderly people, or their children, grandchildren, siblings, etc. are orphans, each of them can receive a monthly pension of 40% of the employee's salary.

The calculation formula is: the amount of compensation for the pension of dependent relatives = 40% of the salary of the employee who died of work-related injury

2. What is the standard of compensation for work-related deaths?

The compensation standard for work-related injuries and deaths is: the funeral subsidy is 6 months of the average monthly wage of the employee in the overall area in the previous year, and the pension for dependent relatives is paid to the relatives who provided the main living income and were unable to work according to a certain proportion of the employee's own salary. The criteria are:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department, and the standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.

Because their personal wages and the per capita disposable income of urban residents in the previous year are not necessarily the same, the specific amount of compensation is subject to the actual situation.

Summary. Dear, I'm glad to answer for you: My friend had a car accident on the way to drive me home, my friend died, I don't need compensation, if my friend died in a car accident, if my friend is the responsible party, then you should be responsible for the damages.

In the same way, if the party responsible for the accident is the other party, then there is no liability for compensation.

My friend was in a car accident on the way home and my friend died, do I need compensation?

Dear, I'm glad to answer for you: a friend drove me home on the way to a car accident, a friend died, I don't need to pay compensation for Xunliang, died in a car accident, if Pengchang Gaoyou is the responsible party, then you should bear the compensation for the loss. In the same way, if the party responsible for the accident is the other party, then there is no liability for compensation.

Legal basis: Article 179 of the Civil Code of the People's Republic of China Anyone who infringes upon others and causes personal injury to He Zhaoling shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

Dear, if there is anything you don't understand, you can continue to ask me.

What is the responsible party??

Kiss means a friend.

Was my friend suspected of drunk driving at the time?

Is it considered drunk driving if you drink alcohol at night and leave around 8 a.m.?

Dear, it's a drunk driver, so did you advise you not to drive at that time?

Is it a responsibility to persuade you? Or is there no responsibility?

Is it the responsibility of not persuading?

Kiss, if you have dissuasion, but your friend still insists on not listening, that is the responsibility of the friend, and if there is no persuasion, it will be jointly and severally responsible.

If there is joint and several liability, how much does it cost?

Relatives are required to compensate for funeral expenses.

Legal basis: Article 27 of the Interpretation of the Supreme People's Court on Several Questions Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "Duan Dou's funeral expenses shall be 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 shall be calculated on the basis of the total amount for six months. According to the above provisions, the calculation of funeral expenses shall be based on the average monthly salary of the employee in the previous year at the location of the court where the lawsuit is filed.

Is there no need to pay death benefits?

How did you explain this to the police at the time?

This has to do with whether or not you need to pay a death benefit.

In the event of death in a traffic accident on a highway, the penalty is generally up to three years imprisonment or criminal detention.

Article 133 of the Criminal Law of the People's Republic of China [Crime of Causing Traffic Accidents] stipulates: Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

1. How to deal with traffic accident deaths.

A traffic accident that causes the death of one person and is more than those who bear primary responsibility shall constitute the crime of causing a traffic accident; Those who bear equal liability or less shall be liable for civil compensation.

First of all, notify the traffic management department in time. Except for some very minor traffic accidents such as collisions, traffic accidents generally occur, and it is necessary to immediately notify the county-level traffic management department where the accident occurred. After receiving the notice, the traffic management department will go to the scene of the accident to deal with it.

The traffic management department will make a traffic accident determination for the traffic accident, which is an important basis for determining the occurrence of the traffic accident and the responsibilities of all parties. Therefore, timely notification of the traffic management department and clear responsibilities of all parties is an important guarantee for both parties to protect their own rights and interests in the future. Especially in the case of death, the liability of the party responsible for the accident is more complex than that of ordinary accidents, and it is likely to involve the question of whether criminal liability is required.

Secondly, learn about the traffic accident certificate from the traffic management department in a timely manner. According to the relevant laws and regulations, the public security traffic management department shall make a road traffic accident identification document within 10 days from the date of on-site investigation. If there is any objection to the traffic accident certificate, the party concerned may file it within 3 days from the date of receipt of the road traffic accident certificate.

Since the road traffic accident determination is an important basis for determining the division of responsibilities of all parties, it is helpful to understand the assumption of one's own responsibilities by understanding the issuance of the determination in a timely manner.

Finally, file a lawsuit with the people's court. If the offending party is guilty of a traffic accident, it is a question of whether to file an attached civil action or a separate civil action. For this reason, in the criminal proceedings of traffic accidents, in order to protect the requirements of the injured party's best interests, it is generally not recommended that the injured party file an attached civil lawsuit, but should choose to file a separate civil lawsuit.

2. The 16 major compensation items for traffic accident deaths are bent.

The 16 major compensation items for traffic accident deaths include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal expenses, nutrition expenses, necessary expenses due to death, funeral expenses, death compensation, living expenses of dependents, spiritual solace and so on.