A car accident involved a mental patient. How to compensate for the lawsuit?

First of all, the basis of the court's decision to bear civil liability is the accident liability certificate made by the traffic police team. Since the full responsibility is determined, it means that the victim has no responsibility. Secondly, the victim is a mental patient and can claim that his guardian has not assumed the guardianship obligation, but the compensation demanded by the victim is the same as that of a normal person.

Legal analysis

The damage caused by mental patients shall be compensated by their families or guardians. The main compensation scope of traffic accidents: 1, mainly including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses; If the victim is disabled due to injury, the compensation obligor shall also pay disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment; 2. If the victim dies, it shall also compensate the funeral expenses, living expenses of the dependents, death compensation, funeral expenses, accommodation expenses, lost time and other reasonable expenses of the victim's relatives. 3. If the victim or a close relative of the deceased suffers mental damage, the obligee requests the people's court to compensate for the mental damage. Special provisions on crimes committed by mental patients If a mental patient causes harmful results when he can't identify or control his own behavior, he shall not bear criminal responsibility if he is identified and confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility.

legal ground

Article 18 of the Criminal Law of People's Republic of China (PRC) * * * A mental patient who causes harmful results when he can't identify or control his own behavior, and is confirmed by legal procedures, shall not bear criminal responsibility, but his family members or guardians shall be ordered to take strict care and medical treatment; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility.