1. Traffic Accident Compensation Standards in Hebei Province in 2021
The new items of traffic accident compensation in Hebei Province involve: medical expenses, lost work fees, escort fees, etc. If it constitutes a work-related injury level, Disability compensation and mental damage solatium can be considered. The 2021 traffic accident compensation standards in Hebei Province are calculated based on the various salary levels of urban and rural residents in the previous year. The actual compensation standards and amounts will be given a practical and detailed introduction. . Today, the author will give you a practical and detailed introduction to the actual compensation specifications and amounts. 5,364 yuan (living expenses for legal guardians) New items and specifications for traffic accident compensation in Hebei Province in 2021
(1) Medical expenses include examination fees, treatment fees, medical expenses, and other miscellaneous expenses, based on the fees provided by designated medical institutions Payment vouchers for treatment fees, medical fees, etc., combined with medical records and diagnosis certificates, etc. (2) Lost work allowance (2) Lost work allowance: 1. Calculated based on the specific reduced income; 2. Calculated based on the income level in the past three years; 3. Refer to the above Calculated based on the average income of employees in the same or similar industries in the year. (3) Accompanying fee 1. Calculated with reference to the requirements for lost work pay; 2. Calculated with reference to the nursing staff and maintenance labor remuneration standards at the same level. (4) Transportation expenses are calculated based on the expenses incurred by the victim and the required nursing staff for medical treatment or referral for treatment. (5) The hospitalization food subsidy in Hebei Province is 100 yuan per day. (6) Nursing fees are calculated based on the victim’s disability and with reference to the opinions of designated medical institutions. (7) Disability compensation (8) Death compensation (9) Disability assistive device fees are calculated based on the effective cost standards of generally available devices. (10) Living expenses of the dependent If the dependent is a minor, the calculation will be based on twenty years until the dependent reaches the age of 18 and is unable to work and has no other source of income. Around sixty years old, the age decreases by one year for every increase; around seventy-five years old, it is calculated based on five years. (11) Funeral expenses are calculated based on the average monthly income of registered urban and state-owned enterprise employees in the current year and based on the total amount for half a year. (12) Accommodation fee = 150 yuan/day × number of days of hospitalization. 13) Effective expenses such as transportation expenses, accommodation expenses, and loss of work due to family members applying for funeral-related matters. Traffic Accident Disability Compensation Standards in Hebei Province in 2021
(1) Hebei Province Urban Residents Work-related Injury Grade Disability Compensation Standards First-level disability and mental damage solatium: 661,801.00 yuan The court of first instance ruled that second-level disability : 595,620.90 Yuan The court's first-instance judgment of third-degree disability: 529,440.80 yuan The first-instance court's judgment of fourth-degree disability: 463,260.70 yuan The first-instance court's judgment of fifth-degree disability: 397,080.60 The first-instance court's judgment of sixth-degree disability: 330,900.50 yuan The court's first-instance verdict was for level 7 disability: 264720.40 The yuan court's first-instance verdict was for level 8 disability: 198540.30 The yuan court's first-instance verdict was for level 9 disability: 132360.00 The court's first-instance verdict was for level 10 disability: 529440.80 The yuan court's first-instance verdict was for level 4 disability: 463260.70 yuan The court's first-instance judgment of fifth-level disability: 397,080.20 yuan The first-instance court's first-instance judgment of tenth-level disability: 66,180.10 yuan The court's first-instance judgment of death: 604,534.20 yuan Damage solatium first-level disability: 233386.20 yuan The court's first-instance judgment of second-level disability: 210047.58 yuan The court's first-instance judgment of third-level disability: 186708.96 yuan The court's first-instance verdict was for level 6 disability: 116,693.10 yuan. The court's first-instance verdict was for level 7 disability: 93,354.48 yuan. The court's first-instance verdict was for level 8 disability: 7,001,516.86. The court's first-instance verdict was for level 9 disability: 466,774.24 yuan. The court's first-instance verdict was for level 10 disability: 23,338.62 yuan. Judgment of death RMB 233,386.20.00 Court ruling Traffic accident claim procedure
Compensation for personal injury caused by a traffic accident must first have a safety accident liability determination issued by the traffic control department, which is a step-by-step process for the entire compensation obligation. Responsible according to the division of responsibilities of the traffic police brigade. If you have purchased commercial insurance, please contact your car insurance company as soon as possible.
Secondly, for personal injuries caused by traffic accidents, the key scope of compensation includes medical expenses, medical expenses, accompanying expenses, nursing expenses, lost work expenses, one-time disability benefits, mental damage consolation payments, etc. The basis for the generation of work-related injury levels is based on the basic. The level of work-related injuries is assessed by a professional appraisal center. Third, after the work-related injury grade is determined, various types of compensation obligations are determined based on the average income of local employees that year, as well as the age and household registration of the victim. How to sue the victim for compensation for traffic accident damages
1. Effectively choose the court to be sued. Traffic accident damage compensation cases are not only under the jurisdiction of the court where the traffic accident occurred, but also the court where the defendant is domiciled. In this way, the defendant can choose the court closest to him from the perspective of convenience for prosecution, saving prosecution costs and expenses, and most importantly, different compensation standards based on different courts when calculating disability compensation or death compensation. of court. 2. Objection to the enforcement of the law by the enforcement court. Before a traffic accident victim files a lawsuit in court, it is best to apply to the court for enforcement against the court's objection to enforcement (mostly protected vehicles). Do not listen to other people's service promises, let alone wait in despair, and have a full sense of crisis. . Because the use of enforcement objection litigation strategies can significantly reduce the risk of prosecution, the victim's medical expenses and property losses can be promptly and reasonably guaranteed. 3. Effectively select the defendant. In prosecution, the choice of defendant is a very important issue. If the wrong defendant is selected, it will not only waste time, manpower, and financial resources, but also fail to achieve the prescribed purpose of compensation. Generally speaking: first, the defendants should be divided into two columns, and the subjects who are to be held liable for damages should be tried to ensure that the three are covered by two, and it is better to accuse the wrong than to report the omission, so as to prevent the perpetrator from absconding in fear of crime, especially in When filing a lawsuit, name the perpetrator and the auto insurance company as defendants so that you can better protect your own interests. Secondly, it is important to grasp whether the defendant has property available for execution, whether the other party is a company that can be held responsible, whether the car has commercial insurance, and the amount of commercial insurance. These are all issues that the prosecutor must consider. Try to choose a company with strong compensation capabilities. The defendant carried out work. In the final analysis, if a traffic accident occurs on the road while riding a long-distance bus or taxi, there will be concurrent liability for breach of contract, and the victim has the right to choose to refer to the right to claim compensation for traffic accident damages or the right to claim disputes in cargo transportation contracts. Different choices of applicable law often lead to very different conclusions. Therefore, the rights granted by laws and regulations should be flexibly used to choose different applicable laws based on the specific circumstances of the defendant. 4. Specify the method of having the same life and the same price. There is a big difference between rural standards and urban standards in traffic accident compensation. Victims with agricultural registered permanent residence can use the compensation standards for urban and rural residents. Special attention should be paid to collecting sufficient direct evidence of living in urban and rural areas for one year before filing a lawsuit, such as confirmation from the community committee of the place of residence, household registration certificate from the public security bureau of the place of residence, temporary residence permit, and large city scope. Proof of purchase of commercial housing for self-occupation in China, etc. 5. Civil litigation is additional to the valid selection matters. According to the relevant requirements of domestic laws and regulations, if a traffic accident is suspected of illegal crimes, the perpetrator must not only bear civil litigation compensation obligations but also bear criminal penalties. In this case, the victim or his relatives need to consider whether to file a criminal lawsuit. There are three advantages to filing civil lawsuits outside of criminal cases: first, there is no need to pay attorney fees in advance; second, the case can be resolved relatively immediately; third, in order to better reduce criminal penalties, criminals usually take the initiative to compensate for losses. However, special attention should be paid to the fact that in practice, the judicial department refers to whether civil lawsuits attached to criminal cases are compensation for mental damages (also known as compensation for mental damages), which is generally not easy for courts to apply. Answers to related questions
1. How to calculate compensation for mental damage in traffic accidents in Hebei Province? Answer Compensation for mental damages is only available if the safety accident constitutes a work-related injury or results in the death of the victim. The calculation standard stipulates that the maximum number of deaths is more than 50,000 yuan. The level of work-related injuries is more or less clear according to the level. Level 1 is equivalent to death, which is also a standard regulation of more than 50,000 yuan. Level 10 is one-tenth of level 10, which is 5,000 yuan, and so on.
2. If a work-related injury is caused by a traffic accident, does Hebei Province apply double compensation? Answer: It applies to both traffic accidents and work-related injury accidents that meet the standards. The main contents are as follows: When there is competition between traffic accident compensation and work-related injury compensation, traffic accident compensation and work-related injury compensation can be compensated in both directions.
The reasons are (1) From a legal perspective, the "Trial Measures for Work-related Injury Insurance for Enterprise Employees" was formulated by the Ministry of Human Resources and Social Security and is an administrative regulation, and is only a trial measure. The "Regulations on Work-related Injury Insurance" is an administrative regulation implemented by the General Office of the State Council. , the legal effect of administrative regulations is higher than that of local laws, regulations, and administrative rules. They must abide by the Constitution, laws, regulations, and administrative rules. Therefore, when "enterprises When the Regulations are inconsistent, the "Work-related Injury Insurance Regulations" should be used. (2) From the perspective of the types of traffic accident compensation and the wages and benefits of work-related injury insurance, the compensation claims of the two are fundamentally different, and the core of the compensation obligations is also different. They are two. Different legal facts. Obtaining compensation for work-related injuries is based on the labor relationship between the employee and the employer, which is subject to the adjustment of the "Labor Law" and the "Work-related Injury Insurance Regulations". The liability for compensation is borne by the work-related injury insurance agency or the employer; while obtaining compensation for traffic accidents is Based on the legal fact that the rights of the victim and a third party have been infringed, it is subject to adjustments by the General Principles of Civil Law, the Road Traffic Safety Law and the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases. The Supreme People's Court's "Statement on Several Phenomena in the Application of Laws in the Trial of Personal Injury Compensation Cases"
3. What are the standards for disability compensation in traffic accidents in Hebei Province? 1. Lost work compensation shall be based on the victim's lost work compensation. The difference between _ and income shall be clearly defined. The lost work pay shall be clearly stated based on the victim's treatment at a designated medical institution. If the victim misses work continuously after being disabled due to injury, the lost work pay shall be calculated to the day before the date of disability. If the victim has a source of income, the lost wages will be calculated based on the specific reduced income. If the victim has no source of income, the calculation will be based on the income level of the last three years. If the victim cannot prove the income level of the last three years, the calculation can be based on the city where the lawsuit is located. Calculated based on the average income of employees in the same or similar areas in the previous year
One million yuan car purchase subsidy