What is the insurance coverage of falling objects from high altitude?

1. What is the insurance coverage for falling objects from high altitude? There are two cases of falling objects from high altitude. One is that the injured party can be found obviously. For example, a flowerpot falling from a residential building hits the roof and it can probably be determined who dropped it. Then, the injured party is given priority to claim compensation, and the insurance company will not pay compensation. If the injured party is unwilling to pay compensation, you can pay compensation by writing a claim transfer letter to the insurance company, and our insurance company will claim compensation from the injured party later. In another case, if the injured party cannot be found, 7% compensation may be negotiated according to the situation. However, natural disasters, such as typhoons, caused by falling objects at high altitude are all compensated. 1. Compensation for medical expenses and medical treatment expenses shall generally be determined by the diagnosis certificate of the local treatment hospital and the documents or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses. When necessary, you can entrust a forensic doctor to identify it. The local treatment hospital generally refers to the hospital close to the victim's residence or the place where the infringement occurred. If the victim has been treated in several hospitals with basically the same distance, the medical expenses of the first hospital should generally be determined, except for the hospital's treatment mistakes or other special circumstances. The expenses that should be approved by the medical department and not allowed to find another hospital for treatment without authorization are generally not compensated. If the victim repeatedly examines the same subject and the results are the same, in principle, only the first examination fee should be determined, except that the treatment hospital really needs to conduct another examination. If the examination results are inconsistent, the examination expenses before diagnosis shall be determined. If the victim buys drugs unrelated to the damage or treats other diseases without authorization, the expenses shall not be compensated. If the victim really needs hospitalization or observation, the expenses shall be compensated. However, if the hospital stay is prolonged after the discharge notice is issued, or if the hospital stay is prolonged due to the treatment of diseases unrelated to the damage, the hospitalization expenses for the extended period shall not be compensated. The expenses incurred by the victim for necessary remedial treatment related to the damage shall be compensated. In the course of litigation, if the treatment has not ended, in addition to the compensation for the expenses already treated, the expenses that need to be continued to be treated can be paid in one lump sum if they are proved by the relevant medical institutions or reached an agreement by the mediation parties; In accordance with the relevant provisions of the Civil Procedure Law, the victim may also be informed to sue separately after the treatment. 2. The date of the victim's delay in work shall be determined according to the actual damage degree and recovery status, and with reference to the certificate issued by the forensic appraisal or treatment hospital. If the victim's actual missed work date is less than the vacation certificate, it shall be determined by his actual missed work date; If the actual date of late work is more than the leave certificate, it shall generally be determined according to the leave certificate. If the victim really needs to recuperate but does not have a vacation certificate, it can be handled as appropriate after consulting the forensic doctor or the treatment hospital. If the victim has a fixed income, the compensation for lost time shall be calculated according to the actual loss of his income. Fixed income, including wages, funds and subsidies and allowances prescribed by the state, but excluding subsidies for special types of work. Bonuses shall be calculated based on the per capita bonus of the victim in the previous year. If the bonus tax exceeds the starting point, the starting point shall be limited. If the victim has no bonus income due to his own reasons before being victimized, the second bonus will not be calculated. If the victim has no fixed income, or if the victim is a contractor or individual industrial and commercial household, the compensation for lost time can be discretionary with reference to the average income of the victim in the previous year or the average income of the local same industry, the same type of work and the same labor force. If tax should be paid to the tax authorities according to law, it should be based on the tax bill. If the victim is engaged in a second occupation according to law, the actual reduced income shall be compensated. If the victim is a retired person who is looking for another job, the compensation for lost time can be handled according to the following circumstances: (1) If the victim meets the policy and legal provisions, the actual reduced income should be compensated; (2) In case of violation of policies and laws, the claim for compensation shall not be supported. If the victim has no labor income and asks for compensation for lost time, it will not be supported. If the victim is the main undertaker of housework, and other family members are overburdened because the victim is really unable to do housework, economic compensation can be given as appropriate. If the actual income of the victim is more than three times the average living expenses of local residents, it shall be calculated as three times. 3. The food allowance for hospitalization shall be compensated according to the standard of food allowance for general staff of state organs on business trip (RMB/day) × hospitalization days. 4. The self-care ability of the victim of nursing expenses should generally be identified by forensic identification or a certificate issued by the treatment hospital. If the victim really can't take care of himself, his nursing expenses shall be compensated. Nursing period, can entrust forensic identification; It can also be decided according to the actual damage degree and recovery status of the victim and after consulting the treatment hospital. There are generally one or two nursing staff, unless it is really necessary. If the nursing staff has income, the compensation for nursing expenses can be calculated according to the provisions of this opinion on lost time. If the nursing staff has no income, the compensation for nursing expenses can be calculated according to the average living standard of local residents. 5. If the victim of transportation expenses goes to the local hospital for treatment or must be transferred to another hospital for treatment, the transportation expenses of himself and the necessary nursing staff shall be compensated. The compensation for transportation expenses should generally be calculated according to the charging standards for buses, hard seats of trains and ships below the third class. But the injury is critical, the traffic is inconvenient or there is no such car (boat) in the local area. Second, what is the principle of inversion of burden of proof? As can be seen from the above, falling objects from high altitude are applicable to the principle of inversion of burden of proof. Then, I will introduce you in detail what the principle of inversion of evidence is. The inversion of burden of proof means that the plaintiff's claim is not proved by evidence, but the defendant bears the burden of proof. There are mainly the following six situations: 1. Patent infringement litigation caused by product manufacturing method invention patent. China's Patent Law stipulates: "In the event of an infringement dispute, if the invention patent is a manufacturing method of a new product, the unit or individual that manufactures the same product shall provide proof of its manufacturing method." If the defendant can't prove that the manufacturing method of his product is different from the patent, it is presumed that his behavior is an infringement and he should bear the result of losing the case. 2. Tort litigation for damages caused by highly dangerous operations. Article 123 of China's General Principles of Civil Law stipulates: "Those who engage in high altitude, high pressure, inflammable, explosive, highly toxic, radioactive and high-speed means of transport that are highly dangerous to the surrounding environment and cause damage to others shall bear civil liability." Article 123 of the General Principles of Civil Law also stipulates: "If it can be proved that the damage was intentionally caused by the victim, it will not bear civil liability." But the burden of proof can only be borne by the defendant. Need to remind everyone that the accident of falling objects from high altitude is possible, so buying an insurance can effectively avoid the corresponding risks. Of course, the insurance company also has a certain limit requirement when paying compensation. If the negotiation is carried out, it will be 7%. Of course, if the injured party can be found, the injured party will give priority to compensation.