1. What is the insurance for death caused by a car accident?
(a) the legal basis for traffic accident death compensation:
1. Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "Death compensation shall be calculated for 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; If you are over 75 years old, it is five years. "
2. Paragraph 2 of Article 95 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates: "The items and standards of traffic accident damage compensation shall be implemented in accordance with the provisions of relevant laws."
3. Paragraph 1 (5) of Article 58 of the Regulations on Handling Procedures for Traffic Accidents more clearly stipulates that "if personal injury is caused, it shall be calculated according to the compensation items and standards stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases".
(2) Compensation items for traffic accident deaths: medical expenses; Nursing expenses during hospitalization; Death compensation; Funeral expenses; Living expenses of the dependents; Transportation expenses, room and board expenses and lost time expenses for necessary close relatives to attend the funeral; Spiritual consolation money, etc. ;
(three) the standard of compensation for death caused by traffic accidents is:
1, urban hukou: under 60 years old: about 309,220 yuan;
Over 75 years old: about 77305 yuan;
2. Rural hukou: under 60 years old: about 103000 yuan;
Over 75 years old: about 26,000 yuan;
Second, what are the steps for traffic accident claims?
The first step is to claim compensation for traffic accidents.
After a traffic accident, the scene should be properly protected and reported to the insurance company in time. Road accidents should also be reported to the traffic department for handling. For non-road traffic accidents (such as vehicles hitting trees or walls due to driving), the safety committee shall issue certification materials.
The second step is the identification of traffic accidents.
1. After receiving the report, the insurance company will send people to the site for investigation or to the traffic department to understand the accident situation, and at the same time, the vehicle will be damaged, the reasonable cost will be estimated, and the owner will be informed to go to the repair shop designated by the insurance company to deal with the accident vehicle. If the owner asks for self-study, he shall go through the self-study procedures. If the maintenance cost exceeds the fixed loss cost, the owner shall pay the excess cost by himself.
2. Claims for third party liability shall also be determined by the insurance company according to law and paid according to the insured amount. An insurance company may refuse to pay the amount of compensation negotiated privately between the insured and a third party.
The third step is compensation: total loss.
1. If the insured amount is equal to or lower than the actual value at the time of the accident after the total loss of the insured vehicle, compensation shall be made according to the insured amount.
2. After the total loss of the insured vehicle, if the insured amount is higher than the actual value at the time of the accident, compensation shall be made according to the actual value at the time of the accident.
The fourth step is the partial loss of traffic accidents.
1. If the insured vehicle suffers partial losses, the insured amount reaches the actual value at the time of underwriting. No matter whether the insured amount is lower than the actual value of the accident, part of the loss shall be compensated according to the actual repair cost; If the insured amount of the insured vehicle is lower than the actual insured value, the repair fee shall be compensated according to the proportion between the insured amount and the actual insured value.
2. The maximum compensation limit for the loss of the insured vehicle is the insured amount.
3. When the total loss compensation or partial loss compensation of the insured vehicle is equal to the total insured amount, the vehicle loss insurance liability is terminated. However, during the insurance period, regardless of one or more losses or expenses within the scope of insurance liability, as long as each compensation does not reach the insured amount, its insurance liability is still valid.
4. The remaining part of the insured vehicle after total loss caused by the insured accident shall be appraised by the insured through consultation and deducted from the compensation.
The fifth step is the time to pay for traffic accidents.
Within three months from the date of vehicle repair or traffic accident settlement, the insured shall go to the insurance company to receive compensation with the insurance policy, accident handling certificate, accident mediation book, repair list and other relevant certificates.
The most sad thing about a car accident is that it causes death, which not only ends other people's lives, but also destroys their own future. Moreover, the state will severely punish this kind of behavior, and the responsible person needs to be responsible for his own actions and accept legal trials. If you have any other questions about this kind of compensation, we will solve them for you.
Extended reading:
How to compensate the people who died in the car accident?
In the event of an accident when a pedestrian ran a red light, the court sentenced the injured person to bear 20% responsibility.
Ask the insurance company to compensate for lost time after the car accident.