The specific compensation standards are as follows
(1) The medical expenses shall be calculated according to the expenses necessary for the hospital to treat the traffic accident trauma of the party concerned. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the necessary treatment expenses.
(2) If the party concerned has a fixed income, it shall be calculated according to the fixed income reduced due to absenteeism; if the income exceeds three times the average living expenses in the place where the traffic accident occurred, it shall be calculated according to three times. If there is no fixed income, it shall be calculated according to the average income of the state-owned industry where the traffic accident occurred.
(3) The hospitalization food allowance is calculated according to the standard of food allowance for the staff of state organs in the place where the traffic accident occurred.
(4) The nursing expenses of the injured during hospitalization, if the nursing staff has income, shall be calculated according to the provisions of the lost time. If there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.
(5) Disability compensation is calculated according to the disability level and the average living expenses of the traffic accident place. Since the month of disability, compensation for 20 years. However, for those over 50 years of age, the age will decrease by one year for each additional year, with a minimum of 10 year; Five years for those over 70 years of age.
(6) The cost of appliances for the disabled shall be calculated according to the cost of universal appliances with the hospital certificate.
(7) If the living expenses of the dependents are limited to those actually raised before the disabled person loses the ability to work, and there is no other source of income, it shall be calculated according to the subsidy standard for the living difficulties of the residents in the place where the traffic accident occurred, and it shall be raised to 16 years old. For those who have been raised for 20 years but have reached the age of 50, the age will be reduced by 1 year, and the minimum will be1year. Five years for those over 70 years of age. Raise other dependents for five years.
(8) The transportation expenses shall be calculated according to the actual necessary expenses of the parties concerned, and shall be paid according to the credentials.
(9) Accommodation fees shall be calculated according to the accommodation standards for general staff of state organs in the place where traffic accidents occur, and paid by credentials.
Traffic accidents should have the following elements
(1) It must be caused by the vehicle. Vehicles include motor vehicles and non-motor vehicles. Without vehicles, it cannot constitute a traffic accident. For example, if a pedestrian collides with a pedestrian while moving, it cannot constitute a traffic accident.
(2) It happened on the road. Roads refer to highways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass;
(3) It happens in motion. It refers to the events that occur when the vehicle is driving or stopping. If the vehicle is in a completely stopped state, pedestrians actively collide with the vehicle, or accidents such as crowding, falling and casualties during getting on and off the bus are not traffic accidents;
(4) something happened. Refers to collision, rolling, scraping, rollover, collision, explosion, fire and other phenomena;
(5) There must be harmful consequences. Damage consequences only refer to direct damage consequences, which are material losses, including personal injury and property losses;
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 184th of the Civil Code of People's Republic of China (PRC)
If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable means.