On the issue of compensation and sentencing for car accidents

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

1. The amount of compensation varies greatly from place to place, I don't know if you are **, the accident happened in **, I can't estimate the amount for you, I can only tell you the general principle.

According to the actual situation of the person injured in the traffic accident, he or she may claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

It is advisable to apply for a disability assessment after the end of the process.

2. As for whether to sentence, it depends on the responsibility of the other party and the consequences caused, if your friend is identified as seriously injured, the traffic police determine that the other party pays the main or full responsibility for the accident, and the other party will constitute the crime of causing a traffic accident.

1) Traffic accidents must achieve certain harmful results. It must be up to 3 serious injuries or 1 fatality. Your situation is not a criminal offence.

2) Need to be punished by public security, generally detained for 7 days, fined 5,000 yuan.

1. What kind of case does car accident compensation belong to?

1. What kind of case does car accident compensation belong to, it depends on the situation:

1) Only serious injuries in traffic accidents may constitute criminal cases, and the party responsible for the accident has drunk driving or driving without a license and other illegal acts, which can be dealt with as a traffic accident after being determined by the traffic police;

2) If the injury is a minor injury after the disability assessment, it is a general civil case, and as a victim, after the accident liability is determined, you can claim civil compensation.

2. Legal basis: Article 1182 of the Civil Code of the People's Republic of China.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

2. How to compensate the insurance company for a car accident.

1. After a traffic accident, protect the scene or take photos to keep the certificate, and call the insurance company in time to report the case;

2. The insurance company will dispatch personnel to investigate the scene of Qiaola and assess the damage of the vehicles on the scene;

3. The insured should bring his identity document and application materials such as accident certificate to the insurance company's outlets to submit an application for compensation;

4. After receiving the application, the insurance company will review it, and compensate for the loss within the compensation limit after the audit is passed.

1. Violating the provisions of the Road Traffic Safety Law by causing a traffic accident resulting in the death of one person, and bearing the main responsibility for the accident, his conduct has constituted the crime of causing a traffic accident. If the deceased's family is actively compensated for the economic losses, it is an expression of remorse, and there is no way to mitigate or reduce the punishment. II

[Legal basis].

Article 78 of the Criminal Law [Conditions and Limits for Commutation of Sentence]Criminals sentenced to controlled release, short-term detention, fixed-term imprisonment, or life imprisonment may have their sentences commuted if they conscientiously abide by prison rules, accept education and reform, truly show repentance and reform, or have meritorious service during the enforcement period; Where there are any of the following major meritorious contributions, the sentence shall be commuted: (1) Preventing others from major criminal activities; (2) Reporting major criminal activities inside or outside the prison, which is verified to be true upon investigation; (3) There are major technological innovations in the invention or creation or in the uproar; (4) sacrificing oneself to save others in daily production or life; (5) Outstanding performance in resisting natural disasters or eliminating major accidents; (6) Other major contributions to the state and society.