Traffic accident compensation is the corresponding compensation made to the victim by the person responsible for the traffic accident according to the law, The traffic accident compensation includes two categories of property damage compensation and personal injury compensation, and the specific compensation content needs to be performed in accordance with the corresponding legal provisions. The parties may negotiate in advance on compensation for the accident, and if the negotiation fails, the traffic management department of the public security may conduct mediation. If the parties fail to reach an agreement after mediation by the traffic management department of the public security or fail to perform the mediation after the mediation becomes effective, the parties may file a civil lawsuit in the court,
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(1) Compensation standard for personal injury:
Compensation standards for personal injury, according to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation Cases for Personal Injury, and Article 16 of the Tort Liability Law of the People's Republic of China, include the following items.
Medical expenses, lost work expenses, nursing care or nursing care lost expenses, social security premiums, re-entry loss expenses, short-term living expenses for re-finding jobs, temporary unemployment expenses. Inpatient living or procurement expenses, transportation expenses for returning home and across provinces, transportation expenses within the county, transportation expenses across counties, nursing accommodation expenses, hospital meal allowances, errand expenses in hospital, errand expenses for prosecution and evidence collection, travel expenses, medication, suture and infusion due to injury to the human body The resulting harm or pain fees, various types of copying fees,
Expenses for discarded clothing or property damage, necessary nutrition, disability compensation, disability assistive devices, living expenses for dependents, rehabilitation expenses, follow-up treatment expenses, funeral expenses, death compensation expenses, and transportation expenses incurred by the victim’s relatives for funeral matters , other reasonable expenses such as accommodation fees and lost work losses, and mental damage consolation funds.
(2) Compensation standard for property damage
The standard of compensation for property damage is to determine the amount of compensation based on the direct loss and indirect loss caused by a traffic accident.
Compensation standard for direct loss:
In principle, it should be restored to its original state or compensated at a reduced price. For vehicles, facilities and items that can be partially repaired, the maintenance fee shall be compensated; if the value of the vehicles, facilities and items is depreciated due to partial losses, the loss of the depreciated part shall also be compensated; for those that cannot be repaired, the actual value shall be compensated.
Compensation standard for indirect loss:
For the indirect loss suffered by the victim due to the traffic accident, the infringer shall also compensate for the loss. For example, in a traffic accident damage compensation case, if the victim claims that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for the loss of the outage during the repair of the damaged vehicles
(3) Compensation standard for mental damage
Mental damage is an intangible damage that cannot be measured by outsiders, Generally, the magnitude and degree of mental damage cannot be measured by material standards. Therefore, in specific judicial practice, the mental damage consolation payment can only be based on the specific circumstances of the parties, including the region. The economic environment, the identity of the parties, the family background of the parties, the size of the parties' responsibilities in the case, the social influence, etc. are determined by the judge within a similar objective, reasonable and appropriate scope based on the discretionary power.
After a traffic accident occurs, there will definitely be related matters to be dealt with. Generally, the traffic police department will deal with the relevant matters after determining the responsibility. In the case of no one being injured, it will also involve the loss of economic property and the investigation of responsibility for the accident. According to relevant laws and regulations, the lawsuit shall be processed within the one-year limitation period.
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