How to compensate for serious traffic accidents, and what is the compensation for major traffic acci

1) After reporting a traffic accident, the scene should be properly protected, and reported to the insurance company in a timely manner, and the road accident should also be reported to the traffic department for processing, and the non-road traffic accident (such as the vehicle hit a tree or wall due to driving reasons), should be issued with supporting materials.

2) In case of accident, at the same time, assess the damage to the vehicle, estimate the reasonable cost, and notify the owner to go to the repair shop designated by the insurance company to deal with the accident vehicle. If the owner of the car requires self-repair, he should go through the self-repair procedures, and if the repair fee exceeds the damage assessment fee, the owner will pay the excess part.

In the case of a claim for third-party liability, the insurance company shall also determine the amount of compensation in accordance with the law and pay compensation according to the insured amount. The insurance company may refuse to pay the amount of compensation negotiated privately between the policyholder and a third party.

3) Compensation for all losses stipulated in the regulations.

1. After the total loss of the insured vehicle, if the insured amount is equal to or lower than the actual value at the time of the accident, compensation will be made according to the insured amount.

2. After the total loss of the insured vehicle, if the insured amount is higher than the actual value at the time of the accident, the compensation will be based on the actual value at the time of the accident.

4) Compensation for part of the prescribed losses.

1. If the insured vehicle suffers partial losses, the insured amount reaches the actual value at the time of underwriting, regardless of whether the insured amount is lower than the actual value of the insurance, part of the loss will be compensated according to the actual repair cost; If the insured amount of the insured vehicle is lower than the actual value of the insurance, the repair cost will be compensated according to the proportion of the insured amount to the actual value at the time of the accident.

2. The maximum compensation for the loss of the insured vehicle is limited to the insured amount.

5) Within three months from the date of the repair of the vehicle or the conclusion of the traffic accident, the policyholder shall go to the insurance company to receive the compensation with the insurance policy, accident handling certificate, accident mediation letter, repair list and other relevant certificates. If there is a dispute with the insurance company and no agreement can be reached, the applicant may apply to the economic contract arbitration authority for arbitration or file a lawsuit with the people's court.

Both vehicles are liable for the collision, and both parties can compensate each other in the following ways:

1. The traffic accident compensation shall first compensate the other party for the loss of the other party within the amount of liability for the sub-item of the compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property loss;

2. The insufficient part after the compensation of compulsory traffic insurance is completed will be divided equally between the two parties according to the division of responsibility;

3. The loss of property and personnel of the other party shall be borne by the commercial three liability insurance;

4. The loss of the vehicle for which the insufficient part is borne by the party shall be borne by the commercial vehicle damage insurance;

5. The injury and loss of the insufficient part of the personnel belonging to your own responsibility shall be borne by the personnel insurance on the commercial vehicle;

6. If you have not purchased commercial insurance, you shall bear the deficiency other than the compensation of compulsory traffic insurance.

1. Elements that should be present to constitute a traffic accident.

1) Must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;

2) It happens on the road. Roads refer to highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots, and other places used for public traffic;

3) Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;

4) Something happens. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;

5) The cause of the state of affairs is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;

6) There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;

7) The psychological state of the party is negligent or has other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.

Legal basis: Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be 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 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.