Hello, (a) the driver did not obtain driving qualifications or drunk; (b) the insured motor vehicle was stolen during the accident; (c) the insured intentionally create road traffic accidents. One of the circumstances listed in the preceding paragraph, road traffic accidents, resulting in property damage to the victim, the insurance company is not liable for compensation. Traffic accident compensation program I. General car accident compensation standard 1, the standard of compensation for medical expenses medical expenses refers to the victim after suffering personal injury to receive medical examination, treatment and rehabilitation training must be spent. Article 19 of the Personal Injury Compensation Interpretation stipulates that: medical expenses shall be determined on the basis of medical bills and hospitalization fees issued by medical institutions, combined with medical records and diagnostic certificates and other relevant evidence. If the person liable for compensation disputes the necessity and reasonableness of the treatment, he or she shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined in accordance with the amount actually incurred before the conclusion of the debate in the court of first instance. The person entitled to compensation may file a separate lawsuit for the rehabilitation costs necessary for the restoration of organ function, appropriate cosmetic surgery costs, and other follow-up treatment costs after they have actually been incurred. However, the costs that are determined to be necessarily incurred according to medical certificates or appraisal conclusions may be compensated together with the medical expenses that have already been incurred. The Personal Injury Compensation Interpretation adopts the principle of differential compensation for specific losses, such as medical expenses, and the principle of compensation for actual expenses. The Interpretation of Personal Injury Compensation adopts the standard of stereotyped compensation for follow-up treatment costs. Follow-up treatment costs refer to "the costs required for the second treatment of an injury that has been treated and the signs of which have been fixed, but which has left a functional impairment that really needs to be treated again, or that has not yet recovered from the injury". Stereotyped compensation does not take into account the arithmetical difference in the loss of property of a specific victim, but rather the principle of compensation that sets a fixed standard for damages, starting from the social appropriateness and social justice of damages. Lost wages compensation standard lost wages is the victim from the injury to the full cure of this period (i.e. lost time), because of the inability to engage in normal work or labor and the loss or reduction of work, labor income compensation costs. Article 20 of the Personal Injury Compensation Interpretation provides that the cost of lost work is determined according to the victim's lost work time and income status. The time lost from work is determined by the certificate issued by the medical institution where the victim received treatment. If the victim continues to miss work due to disability, the time missed from work may be calculated up to the day before the date on which the disability was determined. If the victim has a fixed income, the lost wages shall be calculated according to the actual reduction of income. If the victim has no fixed income, the compensation shall be calculated according to the average income of the victim in the last three years; if the victim cannot prove the average income of the victim in the last three years, the compensation shall be calculated with reference to the average salary of the workers in the same or similar industry in the place where the court of appeal is located in the previous year. The Interpretation of Personal Injury Compensation provides for actual expenses and loss of lost labor, and the difference is compensated according to the actual amount. The original "road traffic accidents" stipulates that the parties with a fixed income of lost labor loss of up to three times the average cost of living in the place where the traffic accident occurred, while no fixed income is calculated according to the state-run average income in the same industry.
Legal basis
Personal Damage Compensation Interpretation