How to compensate for a fracture and not being hospitalized, and how to claim compensation for a car

Compensation should be claimed. If it is fully responsible, it shall bear all the losses of this accident in accordance with the law; If both parties are at fault, both parties should share the loss of the accident in proportion to their respective faults. If it is a traffic injury, it will be negotiated, and if an agreement cannot be reached, it can be resolved through litigation and if necessary, a lawyer will be appointed.

Legal analysisAt present, the standard of compensation for hospitalization for car accident fractures is that the negotiation fails, and the lawsuit is resolved. First, there is the issue of accident division. The responsibility for the accident shall be comprehensively determined by the traffic police according to the fault of both parties and the proportion of causal force.

Secondly, the compensation project. For civil compensation for traffic accidents, it is possible to claim compensation for medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, accommodation expenses, follow-up expenses, disability assistive device expenses, mental injury solace funds, disability compensation, child support, etc. At the same time, it is also necessary to distinguish between the issue of household registration, which includes rural residents who have lived in cities and towns for more than one year and rural household registration, and the compensation standards are also very different.

The level of disability needs to be determined. Finally, sue the other party and their insurance company, if the other party has an insurance company. First, the insurance company shall compensate the injured person in full within the scope of compensation, and the excess part shall be borne by both parties according to the proportion of liability.

If there is still a follow-up**, there is also a follow-up fee. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.

Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 17: The living expenses of dependents are calculated on the basis of the degree of the dependent's loss of ability to work, and in accordance with the standards for the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. 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.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

Legal analysis: 1. If the vehicle involved in the accident has purchased insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;

2. The underwriting insurance company shall first compensate within the limit of liability, and the insufficient part shall be borne by the perpetrator.

3. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced 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.

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 Damages in Road Traffic Accidents Article 16 Where a motor vehicle that has purchased both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage in a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

3) Where there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law. Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

5. The specific compensation items and calculation standards are described in detail in the formulation of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and it is recommended to refer to them.

Compensation according to the actual loss. There is no need to compensate for hospitalization expenses. Of course, the double respectful party is not allowed to negotiate this.

Compensation for traffic accidents generally includes: medical treatment expenses (including hospitalization expenses, not living in the hospital), nutrition expenses, transportation expenses, nursing expenses, lost work expenses, and property damage expenses. If there is still a follow-up**, there is also a follow-up fee.

If the disability is caused by this delay, compensation shall also be made for the cost of disability living aids and disability compensation. Compensation according to the actual loss. There is no need to compensate for hospitalization expenses.

If the negotiation fails, the victim may sue the court to demand compensation from the other party.

1. If it is a work-related injury, the work-related injury should be identified first, and then the disability should be identified, and then the claim should be claimed. 2. Work-related injury compensation includes: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, and one-time disability subsidies for those who are disabled, as well as one-time employment and medical subsidies for those who are disabled and terminate labor relations, and so on.

The standards vary from place to place, so please find a local lawyer to calculate. 3. You can also ask for double wages, overtime pay, resignation, and economic compensation, and compensation for those who are opened. The compensation is twice the amount of economic compensation, and the economic compensation is paid to the person for one month's salary for each full year of work.

Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract with Zheng, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time employment subsidy for disability.

The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.