1. Medical expenses: paid 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 expenses required for treatment.
2. For the lost time, if the party concerned has a fixed income, it shall be calculated according to the fixed income reduced due to the lost time; if there is no fixed income, it shall be calculated according to the average income in the last three years or the per capita income in the same industry.
3. Hospitalization food subsidy: calculated according to the standard of food subsidy for state organs in the place where the traffic accident occurred.
4. Nursing expenses: if the injured person has income during hospitalization, it shall be calculated according to the provisions on 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: according to the disability level and the per capita disposable income in the place where the traffic accident occurred, compensation will be paid for 20 years from the date of disability, but for those over 60 years old, the age will be reduced by one year for each year of increase. Those over 75 years of age are counted as 5 years.
6. Disability appliance fee: if it is necessary to prepare an appliance with compensation function due to disability, it will be calculated according to the cost of popular appliances with the hospital certificate.
7. Disability compensation: per capita disposable income of urban residents in the previous year× 20 years× disability coefficient (disability is 10 grade× 10%, 9 grade× 20%, and each grade is multiplied by percentage increase10%).
8. Late treatment fee
9. Compensation for mental damage
In addition, compensation is to pay more than the other party's compulsory insurance compensation, and bear the responsibility according to the responsibility.
Attached is Zhejiang Road traffic accident compensation Project and its calculation method in Zhejiang 20 12 Standard.
20 12 Zhejiang road traffic accident compensation project and its calculation method
1, disability compensation = per capita income of residents in the last year where the appeal court is located × disability coefficient× compensation period.
2, the cost of assistive devices = the price of each prosthesis ×20÷ the applicable life of the prosthesis+the maintenance cost of the prosthesis.
The court generally determines the cost of artificial limbs according to universally applicable standards, and supports it for 20 years in practice.
3. Funeral expenses = the average monthly salary of employees in the place where the person responsible for the accident is located last year ×6 months.
4. Living expenses of the dependents = annual per capita consumption expenditure of the place where the person responsible for the accident is located × years of support.
(1) Compensation standard: per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the last year where the appealed court is located.
(2) Compensation period: ① Minors, calculated as 18 years old. ② If there is no ability to work and no source of income, it shall be calculated as 20 years. But over 60 years old, every increase in 1 year will reduce 1 year from 20 years old. ③ Over 75 years old, calculated as 5 years.
(3) Compensation limit: If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year where the appeal court is located.
A,/kloc-living expenses of dependents under 0/8 years old = [per capita consumption expenditure of urban residents or per capita annual living expenses of rural residents in the place where the Court of Appeal is located in the previous year × (18-actual age of dependents)] ÷ Number of persons who undertake maintenance obligations for dependents× disability compensation index (note: if the victim dies, it is not necessary to multiply the disability compensation index).
B,/kloc-living expenses of dependents aged 0/8-60 = [per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the appeal court is located ×20 years] ÷ Number of people who undertake maintenance obligations× disability compensation index (note: if the victim dies, it is not necessary to multiply the disability compensation index).
C, living expenses of dependents aged 60-74 = {per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the sued court is located ×[20 years-(the actual age of the deceased is 60 years old)] ⊙×× disability compensation index (note: if the victim dies, it is not necessary to multiply the disability compensation index).
D, over 75 years of age = [the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the last year where the appeal court is located ×5 years] ÷ the number of people who have the obligation to support × disability compensation index (note: if the victim dies, it is not necessary to multiply the disability compensation index).
5. Hospitalization food allowance = standard of food allowance for general staff of state organs on business trip (yuan day) × hospitalization days.
Zhejiang Province generally refers to the standard calculation of 30 yuan-15 yuan.
6. Compensation for medical expenses = medical expenses+medical expenses+hospitalization expenses+others.
7. Lost time fee = lost time fee income (day/month/year) × lost time fee.
(1) If there is fixed income, it shall be calculated as fixed income.
(two) no fixed income, according to its average income in the past three years.
(3) If the victim cannot prove his income in the last three years, it shall be calculated with reference to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
8. Nursing fee = remuneration standard of nursing service for nursing workers at the same level in the place where the traffic accident occurred × nursing days.
Nursing expenses can be calculated according to the standard of lost time.
9. Death compensation = per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located × compensation period.
(1) Compensation standard: per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located.
(2) Compensation period: ① If the person is under 60 years of age, the self-determined date of disability is calculated as 20 years. ② For those over 60 years old, every increase in 1 year will reduce 1 year in 20 years. ③ Over 75 years old, calculated as 5 years.
A. Compensation for death under 60 years old = per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located ×20 years.
B, 60 -74-year-old death compensation = per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located ×(20 years-[the actual age of the victim -60 years old])
C compensation for death over 75 years old = per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located ×5 years.
10, transportation fee = actual expenditure.
1 1. Accommodation fee = accommodation standard for general staff of state organs on business trip × accommodation time.
12, follow-up treatment fee = the possible cost of medical advice.
13, mental damage compensation = the court decides according to the actual situation, which generally does not exceed 50,000 yuan at most.
14, direct property loss fee = direct loss of damaged property.
15, vehicle outage loss fee = actual loss during vehicle outage.
Among them, according to the notice of Zhejiang Higher People's Court (Zhejiang Famin Yiming Chuan [2009]14) on the application of calculation standards for lost time and nursing expenses, the calculation of lost time and nursing expenses is applicable to the average annual wages of employees in all social units in the province for the victims who have no fixed income and cannot prove their average income in the last three years.
The compensation for mental damage of the injured party shall be determined by the local people's court according to the specific circumstances. Please consult Zhejiang Prosthetic Research and Rehabilitation Center for the cost of common assistive devices, and call 057 1-8884 1896.
Disability level 20 1 1 annual disability compensation 20 12 rural standard urban standard rural standard level 10 22606 547182614261942 nine levels 4521kloc. +023884 Grade 8 67818154 78426185826 Grade 7 90424 218872104568 247768 Grade 61/kloc. 3097 10 level 5135636 328308156852 371652 level 4158242 383026182994 433594 level 3. 203454 492462 235278 557478 Level 1 226060 547180 261420 619420 Death 226060 547180 261420 660.
The calculation method is:
(1) rural standard: per capita net income of rural residents × compensation index ×20 years.
(2) Urban standard: per capita disposable income of urban residents × compensation index ×20 years.
note:
(1) 20 years under the age of 60; If you are over 60 years old, you will lose one year for each additional year; Over 75 years of age, calculated by 5 years;
(2) The first level compensation index is 10%, such as 10% for the tenth level and 20% for the ninth level, and so on.
Related data:
Reference Standard 20 12 Road Traffic Accident Damage Compensation Project
1. Annual per capita disposable income of urban residents: 3097 1 yuan.
2. Annual per capita consumption expenditure of urban residents: 20,437 yuan.
3. The annual per capita net income of rural residents: 1307 1 yuan.
4. Annual per capita living expenses of rural residents: 9644 yuan.
5. Average annual salary of employees in urban units: 3573 1 yuan.
6. Hospitalization food allowance (escort) person/day: 30 yuan.
7. Accommodation person/day: 150