There was a traffic accident, an old man in his 70s was injured, I am responsible, please ask everyo

Riders, it's not surprising that this kind of thing happened in this traffic accident of yours. Now that you have reached the stage of closing the case, it is a question of how much to compensate for the damages. I give you the following advice:

First, because you are primarily responsible, you can settle a part of the compensation for the other party within the scope of the limit of compensation of the compulsory traffic insurance. The rest can only be solved by relying on commercial insurance.

Second, from your above-mentioned accounts, it has been calculated that the other party has exceeded the expenses of more than 30,000 yuan that you have advanced. The other party will definitely continue to ask you for other expenses such as care, lost work, nutrition, transportation, etc. Then because the other party's injuries have been fully healed, in the face of their sky-high asking practices, the best way to deal with it is to let the other party go to the court to sue you and the insurance company, and let the law give the other party a decision.

In short, the best way for you to do this is to ignore the other party's excessive demands, wait for the court's summons, and the court's judgment will have the final say, and the insurance company will compensate the other party; However, if the appeal is too high, it will not be supported by the judge.

Judging from the fact that you have paid more than 30,000 medical expenses in advance, you have no experience in dealing with this kind of thing, you don't have to pay the medical bills first, so he won't spend money indiscriminately, since it has been spent, it is impossible to go back, leave him alone, let him sue well, and you will ask for an appraisal of the medical expenses at that time, and it is estimated that you will not have to compensate her again.

There's no need to dwell on it, it's very troublesome to think about such a thing, I suggest that you can negotiate at one time, if you can't, let the other party sue you, and the court will sentence as much as you want. Convenient!

Now you have to have a bit of a skill to hit someone, either don't hit or die. If you can't die, you can't live, you can't live well, everyone is in pain!

By the way: despise drunk driving!

In a traffic accident, if a person dies and the liability is reciprocal, then the driver who caused the accident has no criminal liability in the first place, but only civil compensation. How to compensate. First of all, it is necessary to calculate how much compensation the deceased needs to pay according to the age of the deceased, the location of the household registration (the compensation is different in urban and rural areas), and whether there are dependents.

Then the compulsory traffic insurance of the motor vehicle will compensate 120,000 yuan in advance, and the remaining part of the driver and the deceased will bear half of it.

For example: after calculating that the deceased should be paid death compensation + funeral expenses, etc., and should receive 500,000 yuan in compensation, then 500,000 yuan will be subtracted by 120,000 first, and there will be 380,000 left, and the perpetrator will have to bear 190,000 yuan of this 380,000 silver mu god. Nothing else.

Extended reading: [Insurance] How to buy, which is better, teach Naishi to avoid the loss of insurance"pits"

Legal analysis: It is necessary to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries Article 17: Where a victim suffers personal injury, 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. 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 living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the person obligated to compensate shall compensate for the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, compensation for the death, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

If a 70-year-old man is hit by a car and is injured, the owner of the car should accompany the victim to the hospital for examination and pay a list of medical expenses for the party's ** trauma. Car accident compensation items and calculation methods: 1. Medical expenses.

According to the hospital's calculation of the necessary expenses for the party's traffic accident trauma**, the voucher is paid. After the case is concluded, if it is still necessary to continue to **, it shall be paid according to the necessary expenses of **. 2. Lost time pay.

If the party has a fixed income, it is calculated according to the fixed income reduced by the person due to lost work; If the income is more than 3 times the average living expenses in the place where the traffic accident occurred, it shall be calculated as 3 times. 3. Hospitalization meal subsidy. For the injured and disabled who are hospitalized**, they shall be compensated for the food allowance according to the actual number of days of hospitalization.

The calculation standard shall be calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred. 4. Nursing fees. If the injured person needs to be cared for during the hospitalization, there should be a certificate from the hospital, and the care fee for the bent chain should be compensated.

The calculation method of nursing expenses is as follows: if the nursing staff has income, it shall be calculated according to the provisions of the lost work pay; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred. The "no income" mentioned here refers to the fact that the person mainly or completely depends on others for his or her life, or still has a small amount of income but does not bury his grandchildren enough to maintain a normal life.

5. Living allowance for the disabled. According to the level of disability, the average tax levied at the place where the traffic accident occurred. 20 years from the time of disability.

However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; If you are over 70 years old, it will be counted as 5 years. 6. Funeral expenses. It is paid according to the funeral expenses of the place where the traffic accident occurred.

7. Death compensation. Compensation is calculated according to the average cost of living in the place where the traffic accident occurred, and the compensation is 10 years. For those under the age of 16, the age is reduced by 1 year for every 1 year younger; For those over 70 years of age, the age is reduced by one year for each additional year.

However, the minimum period for both is not less than 5 years. This compensation is paid by the legal heirs of the deceased or the person who has the right to inherit according to law. If there are no heirs, other persons are not allowed to apply for and receive death compensation.

The compensation for death in a traffic accident at the age of 70 is calculated according to the specific compensation cost. After the death of a 70-year-old man in a traffic accident, the insurance company needs to pay the funeral expenses, death compensation, moral damages, and related maintenance and lost work expenses according to the situation.

Compensation for death, funeral expenses, lost work expenses for handling the funeral, transportation expenses, etc. can be compensated.

Death benefits and funeral expenses are calculated based on local income, so know where you live?

Further contact is available if necessary.

Find a lawyer! The most direct and effective way!

1. Immediately after the accident, the police shall report to the police, and the traffic police shall make a traffic accident determination based on the on-site investigation records, witness testimony, party statements, appraisal conclusions, audio-visual materials and other evidence.

2. If the party concerned is not satisfied with the traffic accident certificate, he or she may apply for a review to the traffic police department at the higher level that made the certificate within three days after receiving the certificate.

3. Disability compensation for traffic accident victims:

1. Disability compensation (urban): per capita disposable income of urban residents in the previous year.

20 years Disability Compensation Index; Per capita net income of rural residents in the previous year.

Yuan 20 years Disability Compensation Index; 2. Medical expenses; 3. Follow-up fee, fee; 4. Fees for assistive devices for the disabled; 5. Lost work expenses; 6. Nursing expenses; 7. Hospitalization meal subsidy; 8. Nutrition expenses; 9. Transportation and accommodation expenses; 10. Living expenses of dependents; 11. Solatium for mental damages; 12. Property damage, etc.

Disability compensation and living expenses for dependents, as well as the determination of urban and rural residents, are generally based on the place of household registration. However, if a victim whose household registration is in a rural area has resided in an urban area for more than one year continuously at the time of the road traffic accident and has a legitimate income**, the amount of compensation may be calculated according to the standard for urban residents. Disability Evaluation Criteria:

Disability assessment of persons injured in road traffic accidents.

GB18667 2002 Compensation treatment: In the event of a traffic accident between a motor vehicle and a pedestrian, the compulsory traffic insurance shall compensate within the liability limit (the disability compensation limit is 110,000 yuan; medical expenses of 10,000 yuan; property damage 2,000 yuan). For the insufficient part, the vehicle party shall bear 80-90% of the compensation liability according to the primary liability, 60-70% of the same liability, and 40-50% of the secondary liability.

If the negotiation fails, file a lawsuit with the court where the accident occurred or where the defendant is located. Hope my reply will help you!

Refer to the provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases". In the judicial interpretation, there are very clear provisions on the items of compensation, the calculation base and the calculation method.

1. 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.

2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in 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.

3. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.