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First, the scope of compensation for damages in traffic accidents mainly involves medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, living allowances for the disabled, expenses for disability appliances, living expenses for dependents, transportation expenses, accommodation expenses, and so on.
Second, according to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, disability compensation is calculated for 20 years from the date of determination of disability according to the degree of the victim's inability 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.
Accordingly, the first-level disability is calculated according to the 100 of this standard, and the next level is decreasing in order of each lower level, which means that your 10th level disability is calculated according to the 10 of this standard.
The cost of nursing care can be paid by the hospital.
According to Article 76 of the Road Traffic Safety Law, if a traffic accident occurs between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle shall bear full responsibility, but if there is evidence to prove that the non-motor vehicle driver or pedestrian has violated traffic laws and regulations, the liability of the motor vehicle party may be reduced. In any case, the motor vehicle must bear 10% of the liability (there is no phenomenon of hitting a white collision).
However, if a non-motor vehicle or pedestrian has intentional behavior, the motor vehicle is not liable.
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Didn't understand the question too much.
1.Disability is to be identified.
2.The responsibility for traffic accidents lies with the motor vehicle, unless the victim intentionally did so.
3.Liability is determined according to the degree of fault of the motor vehicle.
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Compensation standards that do not constitute disability: 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. Compensation Criteria for Constituting Disability:
The compensation obligor shall also compensate for the necessary expenses incurred to increase living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
1. How to divide the responsibility for clavicle fracture in a traffic accident?
The person obligated to compensate the victim for personal injury, 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 compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in the cost of daily necessities and the loss of income caused by the loss of the ability to work, including compensation for the disability award, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation. If the clavicle fracture constitutes a grade 10 disability, the specific amount of compensation shall be resolved by the two parties through negotiation, and if the negotiation fails, the lawsuit shall be filed with the people's court, and the people's court shall make a judgment.
2. Is the disability judicial appraisal fee insurance accompanied?
According to the provisions of China's Insurance Law and other laws, if a traffic accident requires judicial appraisal, the cost of judicial appraisal should be borne by the insurance company.
1. Personal injury compensation items and standards: The compensation obligor shall compensate for the expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
2. Disability compensation items and standards: the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate.
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Legal analysis: The compensation standards for car accident disability include medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, living allowances for the disabled, disability equipment expenses, accommodation expenses, and direct property damage expenses.
Disability compensation refers to property compensation for the loss of all or part of the ability to work due to personal injury and disability of the blind victim.
In the event of a traffic accident between motor vehicles, the party at fault shall bear the liability for compensation for the traffic accident, and if both parties are at fault, the liability shall be shared according to the proportion of their respective faults.
Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 45 After investigation, the traffic management department of the public security organ shall, after investigation, determine the responsibility of the parties according to the role of the parties' actions in the traffic accident and the severity of the fault
1) If a traffic accident is caused by the fault of one of the parties, the party who bears full responsibility escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, and the party who escapes bears full responsibility for the intentional destruction, falsification of the scene, and destruction of evidence, and the party bears full responsibility.
2) Where a traffic accident occurs due to the negligence and fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault.
3) None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, neither party is responsible for the fact that one party intentionally causes the traffic accident, and the other party is not liable.
4) Liability for traffic accidents is not determined.
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