To allocate car accident death compensation, we should first determine the relatives who are entitled to receive the death compensation, then deduct the funeral expenses that have been actually paid, and finally based on the close relationship between the deceased and the relatives, and the relationship with the deceased. *Reasonable allocation based on factors such as closeness of life and source of living.
If the death compensation cannot be divided through negotiation, you can apply to the People's Mediation Committee for mediation or directly file a lawsuit in court.
1. Determine the distribution subject
According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases", the right holder of compensation includes those who are responsible for infringement or other causes of harm. Victims who directly suffered personal injury and close relatives of deceased victims.
Therefore, the subject of rights to compensation for death in traffic accidents is the close relatives of the deceased victim, including spouse, parents, children, brothers and sisters, grandparents, maternal grandparents, grandchildren, and maternal grandchildren.
2. Specific distribution methods
1. Before dividing the death compensation, the actual paid funeral expenses should be deducted, and the interests of the dependents should be given priority, and the remaining portion should be distributed It should be divided appropriately based on the closeness of the relationship with the deceased, the closeness of the deceased's life, the source of income, and the close relatives who lived and were economically dependent on the deceased, rather than being distributed equally.
For example: whether you live with the deceased person, whether you are an adult or have an independent source of living, whether you have fulfilled your corresponding support obligations, etc.
Of course, if a relative expressly expresses his intention to give up or transfer the property, his intention should be respected.
This is mainly due to the fact that the victim's abnormal death has broken the stable family and living order. According to common sense, when it comes to helping and caring for family members, people who live closely with the deceased should When the deceased dies, these people will also suffer the greatest material losses, so they should receive more death compensation.
2. If a traffic accident results in the death of the party concerned, the death compensation does not belong to the inheritance.
Death compensation compensates for the loss of living resources of the victim’s close relatives due to the death of the victim. It is a compensation for the loss of the victim’s family. Compensation for the interests of the deceased’s family does not fall within the scope of the deceased’s estate. .
3. Death compensation includes multiple items, such as funeral expenses, death compensation, dependents’ living expenses, mental damage solatium, and family members’ work-loss expenses, transportation expenses, and accommodation expenses for funeral matters. Waiting for losses.
Due to certain differences in the rights holders of the above compensation items, death compensation is not always divided equally. The close relatives of the deceased need to be treated differently when allocating death compensation.
For example, the subject of the right to a dependent's living expenses is the dependent who is legally obliged to support the deceased, including minors who are legally responsible for supporting the deceased or adults who have lost the ability to work and have no other source of living. Close relatives.
At this time, a person with full behavioral capacity who has the ability to work has no right to participate in the distribution of living expenses for the dependent.
3. For death compensation, family members can negotiate for division and sign a division agreement. If the negotiation fails, they can apply to the People's Mediation Committee for mediation.
(1) People's mediators can adopt a variety of methods to mediate civil disputes according to different situations of the disputes, fully listen to the statements of the parties, explain relevant laws, regulations and national policies, patiently provide guidance, and negotiate on an equal basis between the parties. , propose dispute resolution solutions on the basis of mutual understanding and accommodation, and help the parties to voluntarily reach a mediation agreement.
(2) If the people's mediator mediates disputes and fails to reach a successful conclusion, the mediation shall be terminated and the parties shall be notified that they can safeguard their rights through arbitration, administrative, judicial and other channels in accordance with the provisions of relevant laws and regulations.
If mediation by the People's Mediation Committee fails, the family members may file a lawsuit in court.
To initiate a prosecution, a complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants.
A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is A clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.
If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified;
If the conditions for prosecution are not met, a ruling shall be issued within seven days and the case shall not be accepted;
>If the plaintiff is dissatisfied with the ruling, he may appeal.
Legal Basis
Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases": Due to the infringement of life, body, and health, the holder of the right to compensation shall sue The people's court shall accept the request for compensation of material damage and mental damage from the compensation obligor.
The "compensation rights holder" referred to in this article refers to the victim who directly suffered personal injury due to infringement or other causes of harm, as well as the close relatives of the deceased victim.
The term "compensation obligor" as mentioned in this article refers to a natural person, legal person or unincorporated organization that shall bear civil liability in accordance with the law due to his or others' infringement or other causes of harm.
Article 1045 of the Civil Code, relatives include spouses, blood relatives and relatives by marriage.
Spouse, parents, children, brothers and sisters, grandparents, grandchildren, and grandchildren are close relatives.
Spouse, parents, children and other close relatives living together are family members.