Several questions about traffic accident death compensation Help!! Thanks pull

The standard of compensation is generally based on the standard of the place where the court accepting the case is located, and evidence is required as to whether it is based on the urban or rural standard. It is recommended to entrust a lawyer to handle the specific litigation on your behalf.

1. It is completely possible to follow the urban standard, as long as you have lived in the town for one year and your income is the same as that of the town.

2. There is the possibility of determining the main responsibility, but I estimate that the traffic police will consider the accident and determine the same responsibility, or you will find the traffic police more and do the work.

3. Calculation of death compensation, your uncle is 48 years old, you can compensate for 20 years, that is, 39,512 yuan * 20 years = 790,240 yuan, other expenses include funeral expenses, that is, half of the annual salary of local employees, 80,000 spiritual solace money, calculated according to responsibility, transportation expenses, lost work expenses, accommodation expenses, etc., if there are children under the age of 18, parents over 60 years old, you can also give living expenses to dependents, and the total loss is about 900,000 yuan; Specifically, after deducting 110,000 yuan of compulsory traffic insurance, the remaining part is calculated according to the proportion of liability, if it is the same liability, the compensation = 11 + (90-11) * 60% = 10,000, because of the accident of pedestrians and motor vehicles, the same responsibility for the motor vehicle compensation 60%, the main responsibility for 80%, and the secondary liability compensation for 40%.

The expenses you mentioned are reasonable, and the living expenses of the deceased have not yet been claimed by the relatives of the deceased.

As you and the other party's vehicle are equally liable, then, that is to say, the insurance companies of both of your vehicles should be directly liable for compensation within the scope of 122,000 yuan of compulsory insurance. The insufficient part shall be borne by the person responsible for the cause of the accident according to their respective responsibilities. This is a clear provision in Article 76 of the Road Traffic Safety Law.

For the commercial insurance you mentioned, you will bear 50% of the cost of the insufficient part after the insurance company bears the compensation, that is, [320,000 yuan of total compensation - (122,000 yuan per vehicle of compulsory traffic insurance * 2 of the compulsory traffic insurance of both vehicles) = 76,000 yuan * 50% of the equivalent liability you should bear].For the aforesaid compensation of 38,000 yuan, after you complete the compensation, you can go to the company you invested in commercial insurance to settle the claim with the relevant legal documents and the relevant bills submitted by the deceased in this case (if it is a copy, the authenticity should be confirmed by the seal of the case-handling unit) and legal documents.

Good luck with the problem as soon as possible!

There is no legal basis for the compensation of 7,000 yuan in the above expenses, and the remaining 31.03 million yuan will be compensated by the insurance company within the scope of the compulsory Luling insurance (the compensation amount of various vehicles is different, and the policy shall prevail), and the remaining part, you bear the general liability, and these expenses will be claimed by the insurance company according to the insurance contract of commercial insurance.

The first item is medical expenses, which are based on the receipt vouchers for medical expenses and hospitalization fees issued by the hospital, and the second item is the nursing fee, which is calculated based on the income of the nursing staff, and the actual labor remuneration of the nursing staff is calculated if the nursing staff is hired.

Item 3: Compensation for death and disability shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the 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.

Calculation formula: per capita disposable income of local urban residents 20 years = amount of compensation payable.

Item 4: Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.

Item 5: Solatium for mental injury to the victim or relatives of the deceased, generally speaking, less than 50,000 yuan.

In addition, the living expenses and transportation expenses of the dependents need to be claimed according to the actual situation.

First of all, it is necessary to have an accident certificate to determine the relevant information and responsibilities of both parties. Secondly, whether the vehicle has compulsory traffic insurance and third-party liability insurance. If there is a complicated situation such as an insurance company or a liability cannot be determined, it is recommended to go to court.

As for the amount of compensation, it is about 320,000 yuan. But Q I 413065671

Hello, the compensation involves medical expenses, transportation expenses, funeral expenses, death compensation, etc., which should be calculated according to the local standard of living. It can be resolved through negotiation, and if the negotiation fails, a lawsuit can be filed with the court.

1. Medical expenses: actual medical expenses.

2. Lost time pay.

3. Transportation expenses.

4. Hospitalization meal subsidy.

5. Accommodation fee.

6. Death compensation: per capita disposable income of rural residents (data not provided) * a certain number of years (depending on the age of the deceased).

7. Property damage expenses.

8. Living expenses of dependents: 3350*14

9. Nursing fees.

The above expenses will be compensated according to the actual situation, if there is further inquiry, see my name for deduction.

Compensation: Death compensation: 5150*20

Child Support: Funeral expenses: 28383*

In addition: various medical expenses, nursing expenses, transportation expenses, lost work expenses, etc.

Distribution: Theoretically, the property is divided equally among all the first-order heirs, except for alimony, and the inherited property is managed by the guardian because the daughter is a minor. Of course, it can also be resolved through negotiation.

If the daughter is a minor, she can of course receive child support.

1. To prove whether a person is an employee of the company, you can see whether there is any evidence of the following: labor contract, work card, work clothes, salary schedule, salary stub, social guarantee, testimony of other workers, etc., you can look it up and try to collect it;

2. This is completely a work-related injury, because your father was involved in a motor vehicle traffic accident on the way to work, and he can fully enjoy work-related injury benefits;

3. You can also claim compensation for personal injuries caused by traffic accidents, and you can claim at the same time as work-related injuries.