Personal injury compensation caused by traffic accidents must first have an accident liability certificate issued by the traffic police department, which is the beginning of all compensation liability basis. Take responsibility according to the proportion of the traffic police team. If there is insurance, contact the insurance company as soon as possible. Secondly, for personal injury caused by traffic accidents, the main compensation scope includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost time, one-time disability allowance, mental damage compensation, etc. The foundation is based on disability grade appraisal. The disability grade appraisal is conducted by a specialized appraisal institution. Third, after the level of disability is confirmed, the liability for compensation shall be confirmed according to the average salary of local employees in the previous year, as well as the age and household registration of the victim.
The amount of expenses can refer to the following standards.
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. The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. 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, nursing expenses. The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nursing staff. 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 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. 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; Article 22 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 stipulates: "The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals for treatment. Transportation expenses should be based on official bills; Relevant evidence should be consistent with the place, time, number and frequency of medical treatment, and the accommodation fee should be paid according to the actual accommodation fee 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. The cost of assistive devices for disability shall be calculated according to the reasonable cost standard of common applicable devices.
7. Property losses Property losses are limited to the actual property losses you have suffered, including the maintenance and depreciation of the goods, and are 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.
8. The limitation of action for personal injury compensation is 1 year, counting from the date when you know or should know that the infringement occurred. If the statute of limitations is exceeded, the right to win the case will be lost. Therefore, it is suggested to file a lawsuit within 1 year to safeguard their legitimate rights and interests. It is suggested to solve the problem through consultation. If negotiation fails, a lawsuit can be brought or a lawyer can be entrusted to represent the lawsuit. Prosecution needs to go to the court where the defendant is located, usually the court of domicile or habitual residence (residence for more than one year). Of course, the specific situation and the final handling method need to be determined according to the case and evidence.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1 179 of the Civil Code of People's Republic of China (PRC).
Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 76 of the Road Traffic Safety Law of the People's Republic of China
If a traffic accident of a motor vehicle causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:
In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.
The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.