What compensation can be claimed by the other party who is fully responsible for minor traffic accid

The party fully responsible shall compensate the victim for all losses. The compensation that the fully responsible party needs to pay includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, nutrition expenses, and disability compensation for disability due to injury, disability assistive device expenses, living expenses of dependents, ** expenses, nursing expenses, follow-up ** expenses, etc.

According to the traffic accident liability certificate issued by the traffic police, the responsibility is divided and compensation is claimed. (1) Apply for disability appraisal and calculate disability compensation and other related expenses according to the disability level; (2) The compensation obligor shall also compensate the other party for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, living expenses of dependents, moral compensation, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing and continuation.

Legal basis: Article 17 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" The compensation obligor shall compensate the victim for personal injury, 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. Where the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.

If the other party is fully responsible for the traffic accident, the insurance company shall compensate in advance within the limit, and the insufficient part shall be borne by the perpetrator. The main items and standards of compensation that can be claimed are as follows:

1) Medical expenses. It is determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. (2) Lost time pay.

It is determined based on the victim's lost time and income status. 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. If the victim has no regular income, it is 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. (3) Nursing expenses.

It is determined according to the income status of the nursing staff, the number of nursing staff, 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.

4) Hospitalization meal subsidy. It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs. (5) Transportation expenses.

It is calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment. (6) Disability compensation.

Based on the degree of the victim's inability to work or the level of disability, it is calculated as 20 years from the date of determination of disability 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. Level 9 disability is calculated at 20%.

7) Living expenses of dependents.

In addition, you can also request spiritual solace, property damage, and so on. Depending on the situation, the items and standards of compensation are also different.

Legal Analysis: It can be roughly divided into two categories, one is the loss of property and the other is the loss of personal injury. First of all, the loss of property is mainly the maintenance cost of the other party's vehicle, if the other party is a new car and the damage is particularly serious, it is possible to bear the depreciation fee of the vehicle, if the other party's vehicle is a commercial vehicle, it is also necessary to compensate for the operating loss during the suspension period, and the other is the property loss directly caused by the accident, such as mobile phones, watches, etc.

Secondly, for the loss of personal disability, if the accident involves personnel, it is also necessary to compensate for the medical expenses, hospital meal subsidies, lost work expenses, nursing expenses, nutrition expenses and transportation expenses of the injured caused by the accident; If the injury is more serious and involves disability, then on the basis of the previous disability, it is necessary to compensate disability compensation, mental solace, living expenses of dependents, disability assistive devices, follow-up expenses, plastic surgery expenses, expenses and accommodation expenses according to the level of disability. If the accident causes the death of the other party on the spot, it is necessary to compensate for the death compensation, spiritual comfort, living expenses of the dependents, funeral expenses, and lost work expenses incurred by the family members in dealing with the accident, transportation group posture expenses, etc.; If the death occurs after resuscitation, it is necessary to increase the medical expenses, inpatient meal allowance, transportation expenses, lost work expenses, nursing expenses and nutrition expenses incurred during the hospitalization on the basis of the above. Limb or Zheng.

Legal basis: Article 17 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" The person obligated to compensate the victim for personal injury, 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 required nutrition expenses.

Where 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 devices, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.

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