1. Death compensation: there is no distinction between urban and rural areas and regions, and the standard is unified in the whole region.
Life is equal, but for a long time, the amount of compensation for road traffic accidents in China is very different between urban people and rural people. For example, in a traffic accident in Hohhot in September 2004, the death compensation in the city was 164600 yuan, while the death compensation in the countryside was only 63380 yuan, a difference of 65438+ 10,000 yuan. Now, the new method cancels the unequal provisions of the death compensation standard according to the union city and urban and rural areas. It is clearly stipulated that "the death compensation is calculated according to the per capita disposable income standard of urban residents in the previous year in the autonomous region and according to 20 years", that is, the defect that the rural population is calculated according to the net income of farmers and herdsmen is cancelled, and it is "the last year of the autonomous region", instead of being divided according to the union city in the past. In addition, all indicators in the Measures adopt the average standard of the Autonomous Region.
Second, the mental damage compensation standard was defined for the first time: 50,000 yuan, with the lowest 500 yuan.
There is no clear standard for compensation for traffic accident damage in terms of mental loss, and judges have greater discretion, which is not easy to operate in practice. The "Measures" clearly stipulates: "Traffic accident damage compensation refers to the compensation for personal injury, property loss and mental damage of the right holder of traffic accident damage compensation. If a close relative of a party requests compensation for mental damage after his death, he shall pay mental consolation money as appropriate according to the amount of less than 50,000 yuan (including this number, the same below). If a party requests compensation for mental damage due to physical injury or disability, the mental consolation money shall be paid as appropriate according to the total amount of less than 30,000 yuan, and shall be calculated in a decreasing way according to the corresponding disability grade and the difference between each grade 10%. If the person concerned has no physical disability, but reaches the level of minor injury, minor injury or serious injury, he shall pay the mental consolation money as appropriate according to the total amount of 500 yuan to 10000 yuan. "
Third, reduce the no-fault compensation for motor vehicles and refine the provisions on the investigation of motor vehicle collision responsibility.
Minimize the no-fault liability of motor vehicle drivers. It is stipulated that motor vehicle drivers have evidence to prove that non-motor vehicle drivers and pedestrians violate road traffic safety laws and regulations, and that motor vehicle drivers have fulfilled their traffic safety care obligations while driving and taken appropriate measures to avoid traffic accidents. If the motor vehicle party is not at fault, it shall be liable for compensation in accordance with the minimum proportion and amount stipulated in these Measures. At present, the liability without fault in Inner Mongolia is 20% of the civil damage results, which is higher than that in Beijing 10%.
The proportion of reducing the liability for motor vehicle damage compensation shall be implemented in accordance with the following provisions:
1. If non-motor vehicles and pedestrians are fully responsible for the accident, the liability for damages will be reduced by 80%-90%;
2, non motor vehicles and pedestrians bear the main responsibility for the accident, reduce the liability for compensation by 60% to 70%;
3, non motor vehicles and pedestrians bear the same accident liability, reduce the liability for compensation by 40% to 50%;
4. If non-motor vehicles and pedestrians bear secondary responsibility for accidents, the liability for damages shall be reduced by 20%-30%.
However, the losses caused by traffic accidents are intentionally caused by non-motor vehicle drivers and pedestrians, and the motor vehicle side is not liable for damages.
Four, the "measures" of the compensation project has a strong operability, almost every project has a specific calculation method.
For example, if the nursing fee stipulates that the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing workers, their labor remuneration shall be calculated with reference to the average wage standard of residents' service and other service industries in the autonomous region last year and the degree of nursing dependence required by the parties.
For example, if the party concerned is hospitalized or recovered due to physical injury, and the medical institution has a clear opinion that nutritional subsidies should be given, the nutritional subsidies shall be calculated with reference to the standard of food subsidies for general staff of state organs in the autonomous region.
Author's information: Zhang Jianzhong lawyer 047 1-6844973.
Notice of the Higher People's Court of Inner Mongolia Autonomous Region on Forwarding the Notice of the Public Security Department of Inner Mongolia Autonomous Region on Printing and Distributing the Compensation Standard for Road Traffic Accidents in Inner Mongolia Autonomous Region in 2004
(2004) Neimin YitongziNo. 1 1
All intermediate people's courts, civil court I and related civil courts in the whole region:
The Notice of the Inner Mongolia Autonomous Region Public Security Department on Printing and Distributing the Notice of Traffic Accident Damage Compensation Cases is hereby forwarded to you, please refer to it when trying traffic accident damage compensation cases.
December 10, 2004
Documents of Inner Mongolia Autonomous Region Public Security Department
Internal Supply Tongzi [2004] No.85
Notice on Issuing the "Inner Mongolia Autonomous Region road traffic accident damage compensation items and calculation methods"
Union City, Qixian County, Hutie and Dalin Public Security Bureau:
The "Inner Mongolia Autonomous Region road traffic accident damage compensation items and calculation methods" are hereby printed and distributed to you, please follow them. Where the traffic accident occurred after May 1 2004 has not been mediated, the compensation for damages shall be implemented in this way.
November 29th, 2004
Inner Mongolia Autonomous Region
Items and calculation methods of road traffic accident damage compensation
Chapter I General Principles
Article 1 In order to correctly handle the disputes over compensation for damages caused by road traffic accidents (hereinafter referred to as "traffic accidents") and protect the legitimate rights and interests of the parties involved in traffic accidents according to law, according to the General Principles of the Civil Law of People's Republic of China (PRC), the Road Traffic Safety Law of the People's Republic of China and the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China of the State Council. The People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and the Ministry of Public Security's Provisions on the Procedures for Handling Traffic Accidents and other laws and regulations have formulated this damage compensation project and calculation method (hereinafter referred to as the "Measures").
Article 2 Traffic accident damage compensation refers to the compensation for personal injury, property loss and mental damage of the right holder of traffic accident damage compensation. The traffic accident damages shall be borne by the traffic accident damages obligor.
Article 3 The term "the right holder of compensation for traffic accident damages" as mentioned in these Measures refers to the party who directly suffered personal injury or property loss in a traffic accident, the dependents who have the legal obligation to support him, and the close relatives of the deceased who should receive relevant compensation according to law.
The term "traffic accident compensation obligor" as mentioned in these Measures (hereinafter referred to as "compensation obligor") refers to the person responsible for traffic accidents who shall be liable for damages according to law.
Therefore, the person responsible for traffic accidents with non-motor vehicles and pedestrians, the insurance company and the motor vehicle side.
Article 4 The liability of the parties for damages shall be determined according to the liability of the parties identified in the traffic accident certificate and the provisions of 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, and the motor vehicle participates in compulsory motor vehicle third-party liability insurance, the insurance company shall be liable for damages within the liability limit of compulsory motor vehicle third-party liability insurance; If a motor vehicle does not participate in compulsory third-party liability insurance, it shall be liable for damages according to the amount within the minimum insurance liability limit that the motor vehicle should be insured; The part exceeding the liability limit shall be liable for damages in the following ways:
(1) In the event of a traffic accident between motor vehicles, the parties concerned shall be liable for damages in proportion according to the traffic accident certificate or the responsibilities identified in the accident certificate.
(2) In the event of a traffic accident between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle shall be liable for damages; However, if there is evidence that non-motor vehicle drivers and pedestrians violate road traffic safety laws and regulations, and the motor vehicle drivers have taken necessary measures, the liability for damages of the motor vehicle side shall be reduced. The proportion of reducing the liability for motor vehicle damage compensation shall be implemented in accordance with the following provisions:
1. If non-motor vehicles and pedestrians are fully responsible for the accident, the liability for damages will be reduced by 80%-90%;
2, non motor vehicles and pedestrians bear the main responsibility for the accident, reduce the liability for compensation by 60% to 70%;
3, non motor vehicles and pedestrians bear the same accident liability, reduce the liability for compensation by 40% to 50%;
4. If non-motor vehicles and pedestrians bear secondary responsibility for accidents, the liability for damages shall be reduced by 20%-30%.
(three) the loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians, and the motor vehicle party shall not be liable for damages.
If a traffic accident occurs between non-motor vehicles or between non-motor vehicles and pedestrians, resulting in personal injury or property loss, it shall be liable for damages in proportion according to the responsibilities of the parties identified in the traffic accident certificate or the accident certificate.
Damage caused by traffic accidents shall be mediated in accordance with the principles of fairness, reasonableness and voluntariness.
Chapter II Items and Calculation Methods of Damage Compensation
Article 5 If a party suffers personal injury, the compensation obligor shall compensate the expenses incurred for medical treatment and the income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
The obligor for compensation shall compensate for the necessary expenses incurred by the injured party due to the increase of daily needs, the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred for rehabilitation nursing and continuing treatment.
If a party dies, the compensation obligor shall, according to the situation of rescue and treatment, pay the funeral expenses, living expenses of the dependents and death compensation in addition to the relevant expenses stipulated in the first paragraph of this article.
The obligor for compensation shall also compensate the relatives of the obligee for the transportation expenses, accommodation expenses, lost time and other reasonable expenses incurred in handling the traffic accident. The fee is calculated according to the number of people not exceeding three and the time not exceeding five days. The calculation standard of the above expenses shall be implemented with reference to the relevant provisions of these measures.
Article 6 Where a party who has suffered personal injury or a close relative of the deceased requests compensation for mental injury, it may be paid in the form of mental consolation money according to the degree of damage caused by the traffic accident to the party who has suffered personal injury or the close relative of the deceased, the payment ability of the compensation obligor and the local living standard.
(1) Where a close relative of a party requests compensation for mental damage, the mental consolation money shall be paid as appropriate according to the total amount of less than 50,000 yuan (including this number, the same below). If many close relatives of the deceased claim compensation for mental damage, the total amount of mental comfort money shall be calculated as less than 50,000 yuan, which shall be handled by the close relatives of the deceased through consultation.
(2) If a party requests compensation for mental damage due to physical injury or disability, the mental consolation money shall be paid as appropriate if the total amount is less than 30,000 yuan, and shall be calculated in a decreasing way according to the corresponding disability grade and 10% of the difference between the grades.
(3) If the person concerned is physically injured but not disabled, but reaches the level of minor injury, minor injury or serious injury, he shall pay the mental consolation money as appropriate according to the total amount of 500 yuan to 10000 yuan.
Article 7 Medical expenses shall be calculated according to the expenses necessary for medical institutions to treat the trauma of the parties concerned, and shall be paid with receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the diagnosis certificate of the medical institution or the appraisal conclusion issued by the appraisal institution.
In principle, medical institutions at or above the county level (including the county level) should make diagnosis and treatment if the body of the party concerned is damaged. However, due to the need of rescue, the injured party can go to the nearest medical institution (including all kinds of medical institutions below the county level) for treatment.
After treatment, the injured party's condition is stable, but it still needs to continue rehabilitation and symptomatic treatment. With the certificate issued by medical institutions at or above the county level, it can be treated in medical institutions or outpatient clinics below the county level, and the treatment expenses shall be borne by the compensation obligor.
If a party needs to buy drugs during hospitalization after injury, the medical institution must issue corresponding certificates, which are consistent with the needs of injury treatment.
If the obligor for compensation disagrees with the necessity and rationality of the treatment expenses of the parties concerned, he shall bear the corresponding burden of proof.
Article 8 The lost time fee shall be determined according to the lost time fee and income of the parties.
The absenteeism time of the party concerned shall be subject to the diagnosis and treatment certificate issued by the medical institution receiving treatment. If the party is disabled due to injury, the time lost for work can be calculated to the day before the final assessment of disability. The assessment time of disability is determined according to the relevant provisions of the national standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (GBL 8667-2002).
If the party concerned has 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 party concerned cannot provide evidence to prove its average 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 in the autonomous region in the previous year.
Article 9 The nursing expenses shall be determined according to the income of nursing staff, the degree of nursing dependence required by the parties, the number of nursing staff and the nursing period.
If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing workers, their labor remuneration shall be calculated with reference to the average wage standard of residents' service and other service industries in the autonomous region last year and the degree of nursing dependence required by the parties.
Nursing dependence, according to ". Criteria for judging nursing dependence of disabled people in road traffic accidents in an autonomous region of Inner Mongolia (hereinafter referred to as criteria for judging nursing dependence, separately). The degree of nursing dependence is divided into complete nursing dependence, most nursing dependence and part nursing dependence. If the parties need to rely entirely on nursing, their nursing expenses shall be calculated according to the average wage standard of residents' service and other service industries in the autonomous region last year and the ratio of 100%; If most nursing dependence is needed, the nursing fee shall be calculated according to the proportion of 80% of all nursing dependence; If partial nursing dependence is needed, the nursing expenses shall be calculated according to the proportion of 50% of the total nursing dependence amount.
The number of nursing staff is one in principle. However, if the medical institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference.
Nursing period, if the party needs nursing staff (accompanying staff) during hospitalization, it shall have the certificate of medical institution. The duration of the required nursing staff shall be calculated according to the time stipulated by the medical institution. Nursing expenses are paid according to the standard of complete nursing dependence.
If the client can't take care of himself completely after discharge and still needs nursing dependence, the medical institution shall issue a medical certificate or diagnosis, determine the nursing time and the number of nurses, and pay the nursing fee according to some nursing dependence standards. Dependents who still need to be cared for for for more than three months; You should apply to an appraisal institution to determine whether the client needs nursing dependence.
If the client is disabled due to injury, unable to recover the ability of self-care in daily life and needs long-term nursing dependence, the appraisal institution shall judge whether the client needs nursing dependence and the degree of nursing dependence according to the criteria for judging the degree of nursing dependence. Nursing dependence period is calculated according to disability compensation years.
Tenth transportation expenses shall be calculated according to the actual transportation expenses incurred by the parties and their necessary accompanying personnel for medical treatment or transfer to other hospitals for treatment. Transportation expenses shall be based on official bills and be consistent with the time, place, number and frequency of medical treatment.
Eleventh hospital food subsidies with reference to the standard calculation of food subsidies for general staff of state organs in the autonomous region.
According to the opinions of medical institutions, the injured party really needs to go to other places for treatment, and if it cannot be hospitalized due to objective reasons, it shall compensate itself and its entourage for a reasonable part of the accommodation expenses actually incurred, but it shall not exceed the standard of food subsidies and accommodation fees for ordinary staff of state organs in the autonomous region.
Article 12 If a medical institution makes it clear that the parties involved in the nutritional expenses should be given nutritional subsidies during hospitalization or rehabilitation due to physical injury, the nutritional subsidies shall be calculated with reference to the standard of food subsidies for general staff of state organs in the autonomous region.
Thirteenth disability compensation according to the level or degree of disability, according to the annual per capita disposable income of urban residents in the autonomous region, from the date of disability, according to the calculation of twenty years. However, for those over 60 years of age,' every year of age increases, it decreases by one year; Over 75 years of age, calculated by 5 years.
If the actual income of the party concerned has not decreased due to disability, or the degree of disability is light, which has caused occupational obstruction and seriously affected his employment, the amount of disability compensation can be adjusted to reduce or increase within the range of 10% of the total amount.
Fourteenth parties need to configure assistive devices for the disabled, and the cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices in China.
The replacement cycle of assistive devices for the disabled shall be determined with reference to the opinions of the preparation institution.
The compensation period for assistive devices with disabilities shall be calculated according to the average life expectancy of the population of the autonomous region minus the remaining years of the actual age of the parties concerned, with a minimum of 5 years. If the age of the party exceeds the average life expectancy of the population of the autonomous region, it shall be calculated according to 5 years.
Fifteenth funeral expenses shall be calculated according to the average monthly salary of employees in the autonomous region in the previous year, totaling six months.
Sixteenth dependents living expenses are calculated according to the annual per capita consumption expenditure standard of urban residents in the autonomous region; Residents in agricultural and pastoral areas are calculated according to the standard of per capita annual living consumption expenditure of residents in agricultural and pastoral areas in the previous year of the autonomous region. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by 5 years.
A supporter refers to a minor who should bear the obligation of support according to law before the death or disability of the party concerned or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the part that the parties should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the autonomous region or the per capita annual living consumption expenditure of residents in agricultural and pastoral areas in the previous year.
Seventeenth death compensation according to the annual per capita disposable income of urban residents in the autonomous region, calculated according to twenty years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Over 75 years of age, calculated by 5 years.
Article 18 If the compensation obligee proves that the per capita disposable income of urban residents in his domicile or habitual residence (referring to provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans) is higher than the per capita disposable income standard of urban residents in the autonomous region in the previous year, he may calculate disability compensation or death compensation according to the standard of his domicile or habitual residence.
If the compensation obligee provides evidence that the per capita consumption expenditure of urban residents or the per capita annual consumption expenditure of rural residents in agricultural and pastoral areas is higher than the per capita consumption expenditure of urban residents or the per capita annual consumption expenditure standard of rural residents in agricultural and pastoral areas in the previous year of the autonomous region, the living expenses of the dependents can be calculated according to the standard of their domicile or habitual residence.
Nineteenth property losses caused by traffic accidents shall be calculated according to the actual reduced value, repair costs or the evaluation conclusion of the evaluation agency. If the obligee of compensation or the obligor of compensation has any objection to the evaluation conclusion made by the evaluation institution, the objection is established after examination, and the traffic management department of the public security organ may entrust other evaluation institutions to re-evaluate on the premise of informing all parties. Re-evaluation is limited to one time.
Chapter III Payment Methods of Damages
Article 20 The compensation obligor shall, in principle, pay all the damages for traffic accidents in one lump sum.
Article 21 If the compensation obligor requests to pay the disability compensation, the living expenses of the dependents and the expenses of disability AIDS by regular payment for various reasons, he shall bring a civil lawsuit to the people's court for confirmation.
However, compensation for death, compensation for mental damage and all expenses that have occurred shall be paid in one lump sum.
Chapter IV Supplementary Provisions
Article 22 The standards of "average wage of workers in the same or similar industries in the autonomous region /k", "per capita disposable income of urban residents" and "per capita consumption expenditure of urban residents" and "average wage of workers in the autonomous region" as mentioned in these Measures are determined according to the relevant statistical data of the autonomous region published by the statistical department of the autonomous region in the previous year, and are released year by year by the public security department of the autonomous region according to the compensation standard for road traffic accidents in Inner Mongolia Autonomous Region. Twenty-third of the "measures" from the date of issuance. The provisions of these Measures are applicable to the traffic accidents that occurred after May 1 2004, and the mediation of damages has not been conducted.
Documents of Inner Mongolia Autonomous Region Public Security Department
Internal Supply Tongzi [2004] No.86
Notice on Issuing the "2004 Inner Mongolia Autonomous Region Road Traffic Accident Damage Compensation Standard"
Union City, Qixian County, Hutie and Dalin Public Security Bureau:
The "Inner Mongolia Autonomous Region in 2004 road traffic accident compensation standards" issued to you, please follow. If the traffic accident occurred after May 1 2004 has not been mediated, the compensation for damages shall be implemented according to this standard.
November 29th, 2004
Compensation standard for road traffic accidents in Inner Mongolia Autonomous Region in 2004
First, the "Inner Mongolia Autonomous Region road traffic accident damage compensation project and calculation method" (hereinafter referred to as the "measures") in Article 8 of the "average wage of employees in the same industry or similar industries in the autonomous region in the previous year" is:
(1) Agriculture, forestry, animal husbandry and fishery: 6,832 yuan
(2) Mining industry: 9760 yuan
(3) Manufacturing industry: 10050 yuan
(4) Electricity, gas and water production and supply industry: 65,438+07,942 yuan.
(5) Construction industry: 8,297 yuan
(6) Transportation, warehousing and postal services: 13604 yuan.
(7) Information transmission, computer service and software industry: 17367 yuan.
(8) Wholesale and retail: 7,867 yuan.
(9) Accommodation and catering industry: 75 16 yuan.
(X) Financial industry: 14060 yuan.
(Xi) Real estate industry: 10858 yuan.
(XII) Lease and business services: 125 1 1 yuan.
(XIII) Scientific research, technical services and geological exploration: 65,438+04,060 yuan.
(14) Management of water conservancy, environment and public facilities: 10235 yuan.
(15) Resident services and other services: 7,257 yuan.
Education: 13383 yuan
(XVII) Health, social security and social welfare: 13353 yuan.
(XVIII) Culture, sports and entertainment: 13664 yuan.
(XIX) Public management and social organization: 13386 yuan.
Two, the "measures" in article ninth of the nursing fee according to the standard of item (fifteen) of this standard "residents' services and other services".
Three. Article 11 of the "Measures" "The standard of food allowance for general staff of state organs in autonomous regions on business trips" is outside the region (excluding the way and accommodation) per person per day 15 yuan, and within the region 10 yuan.
The accommodation standard for general staff of state organs in the autonomous region is 60. OO yuan per person per day, 40.00 yuan for the location of United City and 30.00 yuan for the location of Qixian County.
Four, the "measures" twelfth "nutrition fee" is calculated according to the third paragraph of this standard. ...
5. The "per capita disposable income of urban residents in the autonomous region last year" in Articles 13, 17 and 18 of the Measures is 70 12.90 yuan.
Article 14 of the intransitive verb "Measures" states that the average life expectancy of the population in the autonomous region is 70 years old.
Seven. Article 15 of the Measures "The average monthly wage standard of employees in the autonomous region last year" is: 939.92 yuan.
Eight. Article 16 of the Measures "Per capita consumption expenditure of urban residents in the autonomous region in the previous year" is: 54 19. 14 yuan; The "per capita annual living consumption expenditure of residents in agricultural and pastoral areas of the autonomous region last year" is: 1770.56.