Traffic accidents are specifically identified by the traffic control department, the responsibilities are divided, and compensation is made according to the responsibilities.
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.
Legal basis:
Article 17 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.
(1) The compensation items for personal injury suffered by the victim include: medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses;
(2) In addition to 1, the compensation items for the victim's disability due to injury also include: disability compensation, disability assistive devices, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.