Traffic accidents depend on the accident identification of the traffic control department, the division of responsibilities, and compensation according to responsibilities. If a party refuses to accept the identification of the accident, according to the Provisions on Procedures for Handling Road Traffic Accidents, if the party has any objection to the identification of the road traffic accident, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of service of the road traffic accident identification. The application for re-examination shall specify the request for re-examination and its reasons and main evidence. The specific compensation standards are as follows (excluding disability compensation items): (1) Medical expenses. Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee. (2) Nutrition fee. Nutritional expenses are determined according to the diagnosis certificate of nutritional needs and related expenses issued by doctors. Refers to the cost of auxiliary treatment of physical diseases or purchase of nutrients other than daily diet in order to make the body recover as soon as possible. (3) lost time and nursing expenses. The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nurse. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim cannot provide evidence to prove his average income in the last three years, he may refer to the average salary of the same industry or similar industry in the last year where the court of appeal is located. When you claim that you have lost time, it is enough to show proof of income. (4) Transportation and accommodation expenses. The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment; Accommodation is paid according to the actual accommodation expenses of you and your entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards. (5) Disability compensation. Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. (6) Disability AIDS. The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices. (7) Property loss. Property loss is limited to the actual property loss you have suffered, including the maintenance cost and depreciation cost of the goods, and limited to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion. The process of claiming compensation from the insurance company is complicated, in which the insurance company also needs to make certain appraisal of the accident, and the parties also need to provide corresponding evidence materials when applying for compensation. 1. When there is a traffic accident while driving, you must immediately report to the public security traffic management department where the accident occurred and notify the insurer within 48 hours, otherwise the insurance company may refuse to pay compensation. After a traffic accident, the insured should report to the insurance company as soon as possible, whether by telephone or directly. 2. The insurance company should take the initiative to conduct an inquest on the scene of the accident to determine the damage of the accident vehicle. After the traffic police arrive at the scene of the accident, they should first rescue the injured and then conduct an inquest at the scene of the accident. If the traffic accident that has not escaped does not need inspection and identification, the public security traffic management department shall make a traffic accident responsibility determination within 10, and if it needs inspection and identification, it shall conduct inspection and identification within 5 days before making a determination. 3. When the insured goes to the insurance company for claim settlement, he should bring his driver's license, insurance contract, accident liability certificate and other relevant documents. The insurance company shall assess the damage of the vehicle within 48 hours, and the insured cannot repair the vehicle before the vehicle is assessed. The insurance company should issue a list of vehicle damage, specifying the cost and working hours of replacing parts and repairing vehicles. 4. If there is no dispute over the above list, it will take effect after the applicant signs it, which will serve as the basis for the insurance company to settle claims. If there is any dispute, the visa can be refused. If the insured has no dispute about the loss list, the insured can carry out vehicle maintenance and claim settlement according to the following procedures. 1. The insured shall submit the invoice, list, loss list, driving license and insurance contract of the repair shop to the insurance company. 2. After reaching an agreement with the insurance company, the insurance company shall pay the insurance premium within ten days. If the insurance company considers that the materials provided by the applicant are incomplete, it shall pay in advance according to the minimum identifiable amount within two months. 3. Receive the claim notice and receive the insurance money. 4. If the insurance company refuses to issue a notice of claim within two months and does not make compensation within two months, the insured may also bring a civil lawsuit to the people's court where the insurance company is located or where the vehicle is registered. 5. After receiving the evidential materials about the insured accident, the insurance company shall issue a list of evidences to the insured and sign and seal it. 6. The insurance company issued a notice of refusal to claim. 7. The applicant may bring a civil lawsuit to the people's court where the insurance company is located or where the vehicle is registered. The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 6 Medical expenses shall be determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred. Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases shall be determined according to the lost time and income of the victims. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 8 The nursing expenses shall be determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 9 The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for seeking medical treatment or transferring them to other hospitals. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 10 The food subsidy for hospitalization may be determined by referring to the standard of food subsidy for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated. Article 11 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 is determined according to the disability of the victim and the opinions of medical institutions. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 12 Disability compensation shall be calculated according to the degree or level of disability of the victim, the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and shall be calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly. Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases shall be calculated according to the standard of reasonable expenses for common applicable appliances. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.