Traffic accident damage compensation should generally follow the following principles:
(a) only compensation for direct economic losses.
Property losses caused by traffic accidents include direct losses and indirect losses. From the perspective of civil law, the victim's property loss should be fully compensated, which refers to the actual loss suffered by the victim, including the direct reduction of property and the loss of "available interests", that is, indirect losses. The so-called "available benefits" are the "expected benefits" that the parties have or should have foreseen according to the "reasonable foresight" rule. However, compensation can also be restricted by legislation and "reasonable restriction rules". Therefore, the Measures for Handling Road Traffic Accidents stipulates that only direct production losses should be compensated. Direct loss of property refers to the actual value of property damaged by traffic accidents, including damaged vehicles, goods, roads, facilities, buildings and livestock. As for the loss of other available benefits caused by direct loss or contact, it belongs to indirect loss and is not included in the compensation for traffic accident damage.
(two) according to the traffic accident liability compensation.
This is an important principle of traffic accident damage compensation. The greater the responsibility of traffic accidents, the higher the proportion of damages. Unless otherwise provided by law, the party not responsible for traffic accidents shall not be liable for damages. General compensation ratio: total liability 100%, major liability 60-90%, equal liability 50%, minor liability 10-40%.
(3) No-fault compensation for motor vehicles.
Motor vehicles, as high-speed means of transportation, cause damage to non-motor vehicles or pedestrians during operation. According to the provisions of Article 76 of China's Road Traffic Law, even if the motor vehicle is not at fault, it is reflected in the traffic accident, and the motor vehicle is not liable for the traffic accident, but also liable for damages.
(4) If personal injury is caused, a certain amount of solatium shall be compensated in addition to the property losses caused by it.
Personal injury is a kind of non-property damage, including damage to human life and health. This kind of damage not only includes the resulting property losses, such as medical expenses, lost time and so on; It also includes mental damage to the families of the deceased. It is a spiritual solatium to give certain death compensation to the families of the deceased.
(5) Fair and reasonable
When the casualties or property losses in road traffic accidents cannot be identified by the public security organs as the illegal acts of any party, the public security organs cannot confirm the responsibility of the party for the traffic accidents, and thus cannot confirm whether the party should bear and how to bear the damages. At this time, according to the relevant provisions of the civil law, the parties should share the damages fairly and reasonably according to the specific circumstances.
Scope and standard of traffic accident damage compensation
According to the Measures for Handling Road Traffic Accidents, those responsible for traffic accidents shall bear corresponding liability for damages according to their traffic accident responsibilities. The scope of damages includes: medical expenses, lost time, hospital food subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. It also caused disability compensation, disability equipment fees, and spiritual comfort; Death is also caused by death compensation and living expenses of dependents. The compensation items are determined according to the actual situation, and the expenses are settled at one time.
The standards for various compensation expenses are:
1. Medical expenses: paid according to the expenses necessary for the hospital to treat the traffic accident trauma of the party concerned. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the expenses required for treatment.
2. For the lost time, if the party concerned has a fixed income, it shall be calculated according to the fixed income reduced due to the lost time; if there is no fixed income, it shall be calculated according to the average income in the last three years or the per capita income in the same industry.
3. Hospitalization food subsidy: calculated according to the standard of food subsidy for state organs in the place where the traffic accident occurred.
4. Nursing expenses: if the injured person has income during hospitalization, it shall be calculated according to the provisions on lost time; If there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.
5. Disability compensation: according to the disability level and the per capita disposable income in the place where the traffic accident occurred, compensation will be paid for 20 years from the date of disability, but for those over 60 years old, the age will be reduced by one year for each year of increase. Those over 75 years of age are counted as 5 years.
6. Disability appliance fee: if it is necessary to prepare an appliance with compensation function due to disability, it will be calculated according to the cost of popular appliances with the hospital certificate.
7. Funeral expenses: calculated according to the per capita wage standard of six months in the previous year.
8. Death compensation: According to the per capita disposable income of the place where the traffic accident occurred, the compensation will be 20 years, with a reduction of 1 year for each year over 60 years old and a reduction of 5 years for those over 75 years old.
9. The living expenses of the dependents shall be limited to the actual dependents of the deceased before his death or disability, and shall be calculated according to the subsidy standard for the living difficulties of the residents in the place where the traffic accident occurred. Those who are under 18 years old will be raised to 18 years old, and those who are unable to work will be raised to 20 years, but those who are over 60 years old will be reduced by 1 year for every increase of 1 year, and those who are over 75 years old will be counted as 5 years.
10. Transportation expenses: calculated and paid according to the actual necessary expenses of both parties.
1 1. Accommodation fee: calculated and paid according to the accommodation fee standard of general staff of state organs in the place where the traffic accident occurred.
The transportation expenses, lost time expenses and accommodation expenses of the relatives of the parties required to deal with traffic accidents shall be calculated according to the above provisions, but not more than three people.
Vehicles, articles, facilities, etc. Those damaged by traffic accidents should be repaired; if they cannot be repaired, they should be compensated at a discount.
Compensation standard for direct property damage in road traffic accident cases
Vehicles, articles, facilities, etc. Damage caused by road traffic accidents shall be repaired. If it cannot be repaired, it shall be compensated at a discount. Livestock that lose their use value or die of injury shall be compensated at a discount.
1. Property loss refers to the direct loss of vehicles and property caused by road traffic accidents, and it should also include the expenses for on-site rescue (insurance) and the aftermath of personal injury and death, but it does not include the indirect loss of property caused by shutdown, production suspension and business suspension.
2. Facilities refer to road safety facilities and other facilities on and near roads, such as electric power, water conservancy facilities, houses, trees and flowers, etc.
3. repair. Vehicles, articles and facilities damaged by the accident shall be repaired and restored to their original state. The restoration is mainly in situ, and the original state is restored as much as possible, that is, the function, shape and value have not changed much.
4. Discount compensation. Vehicles, articles and facilities damaged by the accident cannot be repaired and need to be compensated at a discount. When discounting, the original value, the old and new market price of the original value and the residual value should be calculated for discount compensation.
5, livestock injury but did not lose the use value, should be based on local treatment; Loss of use value or death due to injury, the relevant departments to assess and identify, discount compensation.
6. Compensation in kind. Upon mutual agreement, compensation shall be made in kind of the same or similar kind and quality.
Compensation standard for indirect losses in road traffic accident cases
The principle of total compensation applies to traffic accidents, including indirect losses. Indirect loss refers to the foreseeable or foreseeable available benefits. Compensation for lost time and living expenses of dependents in traffic accident compensation. All belong to compensation for indirect losses. However, indirect losses caused by direct property losses, such as shutdown losses, shall not be compensated. 1998, the Higher People's Court of Jilin Province asked the Supreme People's Court whether the property loss in the traffic accident damage compensation included indirect loss, and the Supreme People's Court made a reply, clearly pointing out that in the traffic accident damage compensation case, if the victim requests compensation for the loss of service during the repair of the damaged vehicle, the person responsible for the traffic accident should make compensation. Determination of loss amount. The amount of loss shall be appraised by the transportation management department or the price appraisal department. Compensation for shutdown loss during normal repair of damaged vehicles. If a non-operating vehicle is stopped due to a traffic accident and cannot be used during vehicle repair, it shall also claim its rights and claim compensation.
If a motor vehicle driver has a traffic accident and bears the responsibility for the accident, who will be responsible for the compensation?
Those responsible for traffic accidents shall be liable for the losses caused by traffic accidents. If the motor vehicle driver who is liable for compensation is temporarily unable to pay compensation, the driver's unit or the motor vehicle owner shall be responsible for paying in advance. However, if a motor vehicle driver is responsible for a traffic accident while performing his duties, the unit to which the driver belongs or the owner of the motor vehicle shall be liable for compensation; After the driver's unit or the owner of the motor vehicle compensates for the losses, it may recover part or all of the expenses from the driver.
The subject of traffic accident damage compensation
The main body of compensation is to solve the problem of who is responsible for the compensation for the losses caused by traffic accidents. Under normal circumstances, the person responsible for traffic accidents is the subject of compensation and should be liable for the losses caused by traffic accidents. Those responsible for traffic accidents include drivers, pedestrians, passengers and other people engaged in traffic-related activities on the road. Those responsible for traffic accidents that cause damage to others, or those responsible for traffic accidents that cause damage to others at the same time with themselves, shall be liable for compensation. Motor vehicle drivers who fail to perform their duties and cause traffic accidents shall bear civil liability. When I am temporarily unable to pay compensation, in order to protect the legitimate rights and interests of the other party in time, the driver's unit or the owner of the motor vehicle shall be responsible for making advance payment, and then recover all the expenses paid from the driver. If the driver of a motor vehicle and the motor vehicle he is driving do not belong to the same unit, the beneficiary unit that uses the motor vehicle shall pay in advance.
If a motor vehicle driver is responsible for a traffic accident while performing his duties, the unit to which the driver belongs or the owner of the motor vehicle shall be liable for compensation. This provision is in line with the spirit of the General Principles of Civil Law. Article 12l of the General Principles of Civil Law stipulates that state organs and their staff shall bear civil liability if they infringe upon the legitimate rights and interests of citizens and legal persons while performing their duties. The Supreme People's Court further explained this article in Article 152 of Opinions on Implementing Several Issues: "State organs shall bear civil liability if their staff members cause damage to the legitimate rights and interests of citizens and legal persons while performing their duties." The responsibility of motor vehicle drivers to perform their duties shall also be borne by their units or motor vehicle owners. The so-called performance of duties refers to the behavior of motor vehicle drivers in the process of work or production, and their behavior is influenced by their units or motor vehicle owners.
After the driver's unit or motor vehicle owner who is liable for compensation has compensated for the loss, it may recover part or all of the expenses from the driver according to the seriousness of the driver's violation and the provisions of the unit or the contract.