The road traffic accident compensation code is different every year, and generally includes medical expenses, lost work expenses, escort expenses, travel expenses, accommodation expenses, food subsidies during hospitalization, nursing expenses, funeral expenses, and living expenses for dependents. , death compensation, mental loss compensation. Here, many decisions are made on a case-by-case basis.
The maximum compensation standard for death in 2016 was 695,000 yuan; in 2017, it reached 754,000 yuan; the latest data from 2018-2019 has become 820,000 yuan. With various compensations, the compensation amount can reach more than 2 million yuan , reaching new highs every year. It's impossible to kill someone who would rather go to jail than pay money. If there is no money, the obligation may be transferred to the perpetrator's legal guardian, that is, the parent, who will apply to the court for enforcement.
Compensation Standards for Road Traffic Accident Deaths (Specifications 2018-2019)
1) Calculation formula of medical expense compensation amount: medical expense compensation amount = examination fee, treatment fee, medical expense and others (Examination fees, inspection fees, etc.)
The amount of medical compensation shall be determined based on the specific amount incurred before the conclusion of the first instance trial.
2) The formula for calculating the amount of lost work compensation: amount of lost work compensation = lost work income (day/month/year) * lost work time_
Calculate the amount of lost work compensation (loss of work income) Statistical analysis method: ① If the victim has a source of living, the lost wages will be calculated based on the specific reduced income; (2) If the victim has no source of living, the calculation will be based on his income level in the last three years; (3) If the victim cannot cross-examine his income in the last three years, The annual income level may be determined by reference to the average income of employees in the same or similar industries in the city where the appeals court is located.
3) The calculation formula for hospitalization meal allowance compensation amount is: hospitalization meal allowance compensation amount = meal allowance standard for general staff of party and government agencies (yuan/day) * number of hospitalization days.
The compensation standards for hospitalization meal allowances vary across the country. It must be clarified according to the relevant regulations across the country. For actual advice, ask a local criminal defense lawyer.
4) The formula for calculating the amount of compensation for escort fees: the amount of compensation for companionship fees = the remuneration standard for equivalent medical services to nurses at the scene of road traffic accidents * the number of medical days.
(1) If medical staff have income, the calculation shall be based on the requirements for lost wages;
(2) If medical staff have income or employ nursing staff, the calculation shall be based on local nursing staff with the same medical level. Standard calculation of labor remuneration income.
5) Funeral expense calculation formula: Funeral expense compensation = average monthly income of employees in the city where the appeals court is located in the previous year * month.
6) The formula for calculating the dependent’s living expenses: the amount of compensation for the dependent’s living expenses = the average annual consumption expenditure of urban and rural residents in the city where the appeals court is located in the previous year * the parenting period.
Child care period:
(1) If the dependent is a minor, it will be calculated until the age of eighteen;
(2) The dependent is not working If the intensity is high and there is no other source of livelihood, the calculation will be based on 20 years. But for those who are around 60 years old, their age will be reduced by one year for every promotion year; for those who are around 75 years old, their age will be calculated as five years.
7) Travel expense compensation amount = specific expenses incurred.
Travel expenses should be based on announcement documents; relevant vouchers should be consistent with the address, room, total number and frequency of medical treatment.
8) Accommodation expenses
Accommodation compensation amount = accommodation fee standard for general staff of party and government agencies * hotel accommodation fee_
9) Direct economic losses: Direct economic loss compensation = direct loss of damaged personal property.
10) Compensation for mental losses
11) Death compensation calculation formula: Death compensation = per capita net income in the city/rural area where the court is located in the previous year * compensation period.
Compensation period: Calculated based on 20 years. But for those who are around 60 years old, their age will be reduced by one year for every promotion year; for those who are around 75 years old, their age will be calculated as five years.
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