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According to the regulations on the handling of road traffic accidents, the scope of compensation for damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall also be death compensation, living expenses of dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.
The criteria for the various compensation costs are:
1. Medical expenses: paid according to the hospital's necessary expenses for the party's traffic accident trauma, and if it is really necessary to continue after the case is concluded, it will be paid according to the necessary expenses.
2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work;
3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.
4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.
5. Disability compensation: According to the level of disability, calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of determination of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.
6. Transportation expenses: Calculated vouchers according to the actual necessary expenses of the parties.
7. Accommodation expenses: Vouchers shall be calculated and paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred.
The transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated in accordance with the above provisions, but shall not exceed three people.
Vehicles, items, facilities, etc. damaged due to traffic accidents shall be repaired, and compensation shall be made at a discount if they cannot be repaired.
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1. If you are on the way to and from work, I regret to tell you that this cannot be regarded as a work injury, because an electric vehicle is not a motor vehicle.
2. You can ask the other party to compensate for medical expenses, nutrition expenses, lost work expenses, transportation expenses (to and from the hospital), and appropriate mental damage expenses (with sufficient evidence to prove).
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If the other party is fully responsible for being hit by an electric vehicle, you can claim compensation for these expenses: 1. Medical expenses, which are determined according to the receipt voucher issued by the medical institution; 2. Lost work pay is determined based on the victim's lost time and income; 3. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer; 4. Nursing expenses and accommodation fees, etc.
Road Traffic Safety Law of the People's Republic of China
Article 1 This Law is enacted in order to maintain road traffic order, prevent and reduce traffic accidents, protect personal safety, protect the property safety and other legitimate rights and interests of citizens, legal persons, and other organizations, and improve traffic efficiency.
Article 2 Vehicle drivers, pedestrians, and passengers within the territory of the People's Republic of China, as well as units and individuals related to road traffic activities, shall abide by this Law.
Article 3 Road traffic safety work shall follow the principle of managing according to law and facilitating the masses, and ensure that road traffic is orderly, safe, and smooth.
Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.
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If the other party is fully responsible for being hit by a car while riding an electric vehicle, the compensation shall be determined according to the specific circumstances: 1. If the other party is fully liable, the insurance company shall compensate within the liability limit of the compulsory insurance of the third party liability of the motor vehicle; 2. If the insurance company compensates insufficiently, the rest of the other party will be liable.
1. How to compensate for being hit by a car while riding an electric car.
1. The other party is fully responsible for being hit by a car while riding an electric car, and the compensation needs to be decided according to the specific circumstances
1) If the other party is fully liable, the insurance company shall compensate within the liability limit of the compulsory third-party liability insurance of motor vehicles;
2. If the insurance company compensates insufficiently, the rest of the other party will be liable.
2. Legal basis: Article 36 of the Civil Procedure Law of the People's Republic of China.
In a lawsuit over which both the people's courts have jurisdiction, the plaintiff may file a lawsuit with one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction.
Article 122:The following conditions must be met for prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
2. What should I do if I refuse to compensate for a battery car traffic accident?
If a battery car traffic accident occurs, the perpetrator does not compensate, and the victim can file a civil lawsuit with the civil court, which will make a judgment.
If the civil court makes a judgment to compensate the driver of the battery car, if the party does not enforce the court's judgment, the injured person may apply to the court for compulsory enforcement, and the court will enforce the offender's property.
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If the party has any objection to the determination of the road traffic accident or the issuance of the road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident certificate or road traffic accident certificate.
1. What should I do if I am not satisfied with the traffic accident?
If a party dissatisfied with the determination of a road traffic accident has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate in accordance with the provisions of the Provisions on Procedures for Handling Road Traffic Accidents, it may submit a written application for review within three days from the date of delivery of the road traffic accident determination or road traffic accident certificate. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing. The application for review shall clearly state the request for review, its reasons and main evidence.
The review of the same old accident is limited to one time.
2. What is the reconsideration procedure for the traffic accident?
Procedures and procedures for reconsideration of traffic accident violations: If a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident determination or road traffic accident certificate. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.
3. Can a person who is dissatisfied with the determination of responsibility for a traffic accident directly file a lawsuit?
Those who are not satisfied with the determination of responsibility for traffic accidents cannot directly file a lawsuit, and shall apply for a review, but may file a lawsuit for compensation for traffic accidents. Where a party has objections to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date on which the road traffic accident determination or road traffic accident certificate is served. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.
Article 71 of the Provisions on Procedures for Handling Road Traffic Accidents.
Where a party has objections to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date on which the road traffic accident determination or road traffic accident certificate is served. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.
The application for review shall clearly state the request for review, its reasons and main evidence. The review of the same incident is limited to one time.
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