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If the total amount of the disability appraisal fee and the medical expenses do not exceed the insurance company's compensation limit, the insurance company should bear the disability appraisal fee. The cost of traffic accident disability appraisal is to be paid according to the appraisal items, and the formula is calculated for multiple physical disabilities, and the insurance company will compensate in full within the scope of compulsory traffic insurance, and the commercial insurance will be shared according to the proportion of liability. (1) The standard of disability appraisal fee.
The standard of compensation for disability appraisal fees is the fee charged by the disability appraisal agency, which is a legal professional appraisal institution. For appraisal fees, it is necessary to keep the bills of appraisal fees when compensating, and at the same time, they should also be compared with the appraisal conclusions. (2) For disability appraisal, it is best for the victim to apply for a legal professional institution to conduct the appraisal together with the victim, and if it is a unilateral application, according to Article 125 of the Civil Procedure Law of the People's Republic of China:
The parties may present new evidence in court. With the court's permission, parties may ask questions of witnesses, evaluators, or inquest personnel. Where a party requests a new investigation, appraisal, or survey, the people's court is to decide whether or not to approve it.
If the injured party does not agree with the appraisal conclusion, it may apply to the court for a new appraisal, and if the re-appraisal is not satisfied with the original appraisal or there is no disability, the court may not support compensation for the appraisal costs. (3) If the victim applies for a disability appraisal, if the disability level is not sufficient after evaluation, whether the victim can claim compensation for the disability appraisal costs. Theoretically, the author believes that as an ordinary person, in the absence of professional appraisal knowledge, except for the circumstances that cannot constitute a disability that can be recognized by ordinary people, such as minor injuries such as scratches and bumps.
If a party's application for disability appraisal does not constitute disability, it is an expense that is incurred, and it can be claimed for compensation and supported. However, if the first appraisal is not constituted, and the appraisal is repeated repeatedly, the cost of more than one appraisal should not be borne. Related knowledge extended reading:
How to identify the disability of a traffic accident If the party involved in a traffic accident is disabled due to a traffic accident injury and needs to undergo a disability appraisal, 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 shall first apply to the public security organ for disability appraisal, and the public security organ can conduct the appraisal, if the injured party does not apply, it will be regarded as a general injury. The application shall be submitted in writing to the public security organ handling the traffic accident, and the public security organ shall make a disability evaluation within 30 days of receiving the application for disability evaluation, and prepare a disability evaluation and send it to the parties. The basis for the public security organ's assessment of the level of disability:
The first is the hospital certificate, and the second is the Ministry of Public Security's standards for the identification of road traffic accident disability. According to the disability status of the injured person in the road traffic accident, the degree of disability of the injured person is divided into 10 levels. If the injured person meets two or more disability levels, the final appraisal conclusion shall be based on the severity of the disability, but the disability level of each place shall be clearly stated.
Where the parties are not satisfied with the disability evaluation, they may do so in writing within 15 days of receiving the evaluation.
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The compulsory traffic insurance is only 10,000 of the insured amount, and the three insurances must be added at least 500,000 It's too late now, you can negotiate with the other party to blackmail you less, if you don't agree, the court will solve it, and the advantage of the court to solve it is that the other party needs to provide evidence to prove that because of your traffic accident, he spent these expenses If you can't provide evidence, I'm sorry and don't pay for it, so your loss is smaller.
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Legal analysis: compulsory traffic insurance is to protect the third party, if it is a death, the compensation is 110,000 yuan, and the maximum compensation for grade 10 disability is only 110,000 yuan; The compulsory traffic insurance is a third party, and if it is the owner of the car or the people in his own car, there is no compensation.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the limits of the compulsory insurance liability limit for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim:
1) The driver has not obtained driving qualifications or is intoxicated;
2) The accident is caused during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, the insurance company shall not be liable for compensation for the property losses caused to the victim in the event of an accident involving the passage of relatives on the road.
Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the management agency shall have the right to recover from the person responsible for the road traffic accident
1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability;
2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability;
3) Fleeing after a motor vehicle accident.
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In the current situation, the disability compensation is sufficient for compulsory traffic insurance. However, you should know that the compensation involved in the rolling traffic accident is not only the disability compensation, take the tenth-grade disability as an example, the expenses that need to be calculated are: disability compensation, the injured person's lost work expenses, nursing expenses, nutrition expenses, ** draft preparation costs, transportation expenses, if it involves the loss of property keys, as well as compensation for property damage costs.
So, you have to think about it all.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Summary. Hello, there is only compulsory traffic insurance for grade 10 disability in car accidents, and the compulsory traffic insurance can only pay up to 200,000 yuan within the scope of claims.
Hello, there is only compulsory traffic insurance for grade 10 disability in car accidents, and the compulsory traffic insurance can only pay up to 200,000 yuan within the scope of claims.
The latest standard for compensation of compulsory traffic insurance in 2022: 1. Death and disability compensation, under the premise that the motor vehicle is responsible for the traffic accident, the maximum limit of death and disability compensation is 180,000 yuan, and the maximum limit of compensation in the case of no liability is 10,000 yuan. 2. Compensation for medical expenses, if the insured motor vehicle is responsible for the traffic accident, the maximum limit of compensation for medical expenses is 10,000 yuan, and the maximum limit of compensation for medical expenses is 1,800 yuan in the case of no liability.
3. Compensation for property damage, under the premise that the insured motor vehicle has the responsibility for disorder in the accident, the maximum compensation limit for property loss is 2,000 yuan. If there is no liability, then the maximum limit of compensation is 100 yuan.
The person responsible for exceeding the limit shall be responsible for the exceedance.
This is calculated based on your salary. Level 10 disability J According to your salary, 7 months of compensation, plus a one-time employment allowance and medical allowance are generally 7 months. 21 months, about how much, you weigh it yourself, if you can pay it off in one step, you can ask for 50,000. >>>More
Grade 10 of mine work-related injuries are entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries are granted for termination or termination of the contract. >>>More
Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated. >>>More
It is necessary to conduct a labor ability appraisal to determine the disability level, the suspension period, and the nursing level after the first end and the condition is basically stable, and then comprehensively calculate according to the average salary of the injured employee before the work-related injury, whether the labor relationship is terminated, etc.
The 10th level compensation for work-related injuries is: a one-time disability subsidy for 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated. >>>More