1, stop immediately, and the parties shall protect the scene and rescue the injured and property;
2. The public security traffic police department investigates and collects evidence to restore traffic;
3, a road traffic accident, investigated by the public security traffic police department;
4, the public security traffic police department according to the need, the traffic accident vehicles, articles, bodies, the physical and mental state of the parties and the relevant road conditions for inspection or identification;
5. Medical institutions should promptly rescue the injured in traffic accidents;
6, the public security organs to make the traffic accident certificate;
7. The obligee and obligor of traffic accident damages can be settled through mediation;
8. If an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a mediation document and send it to all parties. The mediation document shall take effect after being signed by all parties.
9. If a party brings a civil lawsuit to the people's court because of a dispute in traffic accident compensation, the traffic administrative department of the public security organ will no longer accept the application for mediation.
The compensation standards for car accidents are as follows:
1. Medical expenses: The amount of compensation for medical expenses shall be determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates, and according to the amount actually incurred before the end of the debate in the court of first instance. Rehabilitation expenses, cosmetic expenses and follow-up treatment expenses: the rehabilitation expenses necessary for organ function recovery training, appropriate cosmetic expenses and other follow-up treatment expenses, and the compensation holder can sue separately after the actual occurrence. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred;
2. Lost time: determined according to the lost time and income of the victim;
3. Nursing expenses: determined according to the income status of nursing staff, the number of nurses and the nursing period;
4. Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment;
5. Accommodation: you can refer to the accommodation standards of ordinary staff of local state organs;
6. Hospitalization food subsidy: It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, he shall compensate the reasonable part of the accommodation expenses actually incurred by the victim himself and his entourage;
7. Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions;
8. Disability compensation: according to the degree or level of disability of the victim, it is calculated 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 appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
9. Disability assistive devices fee: Disability assistive devices fee: calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the auxiliary equipment configuration organization to determine the corresponding reasonable cost standard;
10. Death compensation: calculated 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, and calculated for 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
1 1. Dependent's living expenses: calculated according to the degree of dependent's incapacity and the per capita consumption expenditure of urban residents and rural residents in the place where the Court of Appeal is located in the previous year. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
12, mental damage compensation.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC)
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 6 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.
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Article 7
The lost time fee is determined according to the lost time fee and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability. If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Article 8
The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference. The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years. After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
Article 9
The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Article 10
In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
Article 11
Nutrition fee is determined according to the disability of the victim and the opinions of medical institutions.
Article 12
According to the degree or level of disability of the victim, according to the per capita disposable income standard of urban residents in the last year where the appeal court is located, the disability compensation will be calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.
Article 13
The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
Article 14
Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
Article 15
Death compensation is calculated according to the per capita disposable income standard of urban residents in the last year where the Court of Appeal is located, and calculated according to 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Article 16
The living expenses of the dependents are included in the disability compensation or death compensation.
Article 17
The living expenses of the dependents are calculated according to the degree of disability of the dependents and the per capita consumption expenditure standard of urban residents in the last year where the appeal court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.