How much is the compensation for death in a car accident at the age of 45 under the new law in 2009?

Updated on society 2024-07-09
4 answers
  1. Anonymous users2024-02-12

    May I ask which province the deceased was in, and the standard of compensation is different in different provinces and regions. In addition, whether there is evidence to prove that you work in a state-owned enterprise and live in an urban area is a question of whether it is based on rural or urban standards. Oh.

  2. Anonymous users2024-02-11

    Legal analysis: 1. The death compensation shall be calculated on a 20-year basis according to the per capita income of urban residents or the 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 is not increased by 1 year and decreased by 1 year; If you are over 75 years old, it will be counted as 5 years.

    2. Funeral expenses shall be based on the standard of 6 months' average salary of employees at the location of the court where the lawsuit is filed.

    3. The living expenses of the dependents, if the dependents are minors, shall be calculated up to the age of 18; If you are unable to work and have no other livelihood, 20 years will be counted. However, if the age is over 60 years old, the age is not increased by 1 year and decreased by 1 year; If you are over 75 years old, it will be counted as 5 years.

    4. The transportation expenses of family members, in principle, shall not exceed the reasonable transportation expenses of three people to deal with traffic accidents; Excess will be counted as three people.

    5. The accommodation fee for family members, in principle, shall not exceed the reasonable accommodation fee for three people to deal with traffic accidents; Excess will be counted as three people.

    6. In principle, the compensation for lost work of family members shall not exceed the reasonable loss of work caused by three people dealing with traffic accidents; Excess will be counted as three people.

    7. Solatium for mental damage. Depending on the state of economic development of the place where the court is sued, the amount of moral damages varies.

    8. Rescue expenses. Calculated on a case-by-case basis.

    Theoretically, the distribution of the death compensation should belong to all relatives who are qualified as plaintiffs, and anyone's share is the same as that of the plaintiff, and the amount of the compensation is also the same. However, taking into account the different circumstances of the victim's relatives, the interests of adults and minors who are unable to work and have no livelihood** should be properly taken into account.

    All relatives who are eligible as plaintiffs, i.e. the next of kin of the deceased. "Close relatives" in the Civil Procedure Law refers to spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren. Spouses, parents, and children are first-order plaintiffs, and only when the deceased has no first-order relatives, other close relatives can enjoy plaintiff status.

    Where the victim's relatives have not filed a lawsuit to request a division of the death compensation, the people's court will not divide it. This is to implement the principle of "no prosecution and no reason" in civil litigation, and if the parties do not submit a request to the court, the people's court may not take the initiative to deprive or grant the parties their rights.

    Legal basis: Article 29 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: Death compensation is calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the 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 one year for each additional year; Those over the age of 75 are counted as five years.

  3. Anonymous users2024-02-10

    Summary. If the motorcycle turns around and hangs on the back door and falls to the ground, the first thing you should consider is whether both parties are responsible. If both parties are responsible, then the responsibilities can be divided according to the proportion of responsibility.

    For example, if both parties are 50% responsible, then both parties are 50% responsible. If only one party is liable, then the responsibility can be divided according to the proportion of responsibility. For example, if only the motorcyclist is responsible, then he should be 100% responsible.

    According to Article 78 of the Civil Procedure Law of the People's Republic of China, the standard of compensation for death in a car accident is funeral expenses and pension. Funeral expenses are generally paid according to the standards stipulated by the local government, and pensions are generally paid according to the income level of the deceased's family. Therefore, the amount of compensation depends on the funeral expenses stipulated by the local ** and the income level of the deceased's family.

    How much is the annual compensation for the deceased.

    According to Article 266 of the Civil Procedure Law of the People's Republic of China, the compensation standard for death in a car accident is RMB 10,000 per person per year, so the compensation amount for a 40-year-old man is RMB 40,000.

    Responsibilities are divided into 70 percent, and I am primarily responsible for how much each year.

    According to the 70% division of liability, the annual compensation payable by my principal shall be 70% of the total compensation amount.

    Driving in the same direction, he was drunk driving, unlicensed motorcycle, how to divide responsibility.

    If neither party violates the traffic rules, both parties should be equally responsible. If one of the two parties violates the traffic rules, then the party who violates the traffic rules should be held more responsible. In this case, the driver of the drunk driving unlicensed motorcycle should be held more responsible because he has violated traffic rules and may pose a greater danger to other drivers.

    Poor Zen Lee. We are overtaking under normal circumstances, but there is an accident in the case of overtaking?

    In this case, we can say that both parties are responsible. Overtaking itself is risky, but that doesn't mean overtakers aren't responsible. Both sides should pay attention to the safety of the traffic and ensure the safety of the traffic.

    The overtaking driver should carefully observe the road conditions to avoid accidents as much as possible, and the overtaking driver should also carefully observe the vehicle in front of the vehicle to ensure the safety of overtaking.

    But the motorcycle turned around and hung on my back door and fell to the ground.

    How to divide responsibilities.

    If the motorcycle turns around and hangs on the back door and falls to the ground, the first thing you should consider is whether both parties are responsible. If both parties are responsible, then the responsibility can be divided according to the proportion of responsibility. For example, if both parties are 50% responsible, then both parties are 50% responsible.

    If only one party is responsible, then the responsibility can be divided according to the proportion of responsibility. For example, if only the motorcyclist is responsible, then he should be 100% responsible.

  4. Anonymous users2024-02-09

    Summary. I am happy to answer for you, dear, how much does it cost to pay for the death of a 40-year-old person According to the specific situation, the amount of compensation is different, such as whether the old lady is urban or rural? Are there any dependents?

    It can only be calculated by combining the household registration of the deceased and the proportion of responsibility. Victim's death compensation 1 funeral expenses: 6 months according to the local average social wage of the previous year, 2. Death compensation:

    According to the per capita disposable income of urban residents in the previous year 5 to 20 years (urban), the per capita net income of local rural residents in the previous year 5 to 20 years (rural), 3 living expenses of dependents, 4 transportation expenses, 5 accommodation expenses, 6 solatium for mental damages, 7 property losses, etc.

    I am very happy to answer for you, how much does it cost to kill a 40-year-old person according to the specific situation, such as whether the old lady is urban or rural? Are there any dependents? It is necessary to combine the household registration and responsibility ratio of the deceased to calculate the sakura blind.

    Compensation for the death of the victim 1: funeral expenses: 6 months according to the local average social wage in the previous year, 2. Death compensation: according to the per capita disposable income of urban residents in the previous year 5 to 20 years (urban), the per capita net income of local rural residents in the previous year 5 to 20 years (rural), 3. Living expenses of dependents 4 transportation expenses 5 accommodation expenses 6 solatium for mental damage 7 property losses, etc.

    Death 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 the victim whose household registration is in a rural area has been living in the town for one year continuously at the time of the death of Zheng Mo in the event of a road traffic incident, and has a legitimate life**, the amount of compensation may be calculated according to the standard for urban residents. Compensation is negotiated in accordance with the following circumstances:

    In the event of a traffic accident between a motor vehicle and a pedestrian, the compulsory traffic insurance shall compensate within the limit of liability (the death compensation limit is 110,000 yuan; Medical expenses are 10,000 yuan; property damage is $ 2,000). 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.

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