If I have a traffic accident and go for a follow up after being discharged from the hospital, do I h

Discharge only means that there is no need to continue hospitalization**, and does not mean that **can be terminated**. Follow-up is considered to be continuing** and is therefore covered by the medical expenses of the insurance. However, the review should be within the scope related to the accident injury, and the parts or problems that are not related to the accident cannot be checked through the review.

If found, compensation can be denied for these items.

Legal analysis: The cost of the re-examination after being discharged from the hospital in a traffic accident is still paid by the perpetrator, that is, the responsible party bears it.

Legal basis: "Judicial Interpretation on Compensation for Personal Injury" Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income 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 due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive devices, and living expenses of dependents, as well as necessary expenses for nursing care, nursing expenses, and follow-up expenses.

Where the victim dies, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, the living expenses of the dependents, the compensation expenses for the return of the deceased, and other reasonable expenses such as transportation expenses, accommodation expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Traffic accidents are frequent, in part because people don't follow traffic rules. Sometimes there is a traffic accident and the perpetrator is afraid of taking responsibility and will run away. So how to solve the insolvency of other people's property losses caused by traffic accidents?

Who will pay for the re-examination after being discharged from the hospital after a traffic accident?

After being discharged from the hospital in a traffic accident, the cost of the re-examination is still paid by the perpetrator, that is, the responsible tenant is responsible.

Lost time and nursing care expenses for traffic accident compensation

1. Compensation for lost time is determined on the basis of the victim's lost time and income.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim does not have a fixed income, it is to be calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

If the victim is disabled, he or she may be entitled to compensation for lost work until the date of disability, instead of 3 months or 100 days. However, if the victim has a regular job, the employer must issue a certificate of the victim's monthly income and the actual deduction of wages due to continuous loss of work due to road traffic accidents (income certificate and lost work certificate).

If the victim's actual monthly income exceeds 2,000 yuan (according to the latest Individual Income Tax Law), the victim should go to the local tax authority to apply for a tax payment certificate; If the victim's actual monthly income is less than 2,000 yuan, the victim does not need to apply for a tax payment certificate.

2. The nursing fee shall be determined according to the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care.

Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not to exceed 20 years.

The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

In the event of a traffic accident, it is necessary to determine the responsibility and then take responsibility according to the certificate. The cost of the follow-up examination after being discharged from the hospital in a traffic accident is still borne by the responsible party. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.