The compensation provided by the compensation obligor (perpetrator, insurance company) to the victim in traffic accidents mainly includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc.
1, medical expenses
The treatment expenses caused by traffic accidents, as well as the inevitable treatment expenses.
2. Disability compensation
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 ×30%×20 years.
3, mental damage consolation money
According to the degree of fault of the infringer, the consequences of the infringement and the average living standard of the court.
4. Lost time
My daily wage × days of absenteeism.
5. Nursing expenses
Daily nursing fee (the daily salary of nursing staff or the remuneration of local nursing staff engaged in the same level of labor services) × the number of days needing nursing × the number of nursing staff.
6, hospital food subsidies
Food allowance standard for general staff of local state organs × hospitalization days.
7. Nutritional feed
According to the opinions of medical institutions to strengthen nutrition, the quantity is determined by the number of days that need to strengthen nutrition.
8. Dependent's living expenses
The per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the last year where the Court of Appeal is located ×××××××10%.
9. Transportation costs
Reasonable transportation expenses should be calculated according to the invoice.
Extended data:
Compensation limit
Resident standard
I. Standards for urban residents
The standard of urban residents refers to that if the victim is an urban resident, the calculation standard of disability compensation and death compensation is calculated according to the per capita disposable income of urban residents; The living expenses of the dependents are calculated according to the per capita consumption expenditure of urban residents.
1, per capita income of urban residents
The per capita income of urban residents is the standard for calculating disability compensation and death compensation for injured urban residents. The per capita disposable income of urban residents is an annual accounting index. It reflects the average income level of urban residents in a country or region.
The disposable income of urban households is calculated according to the daily income of households. Per capita disposable income refers to the disposable part of the total household income except all necessary expenses.
The total family income includes the wages of family members' main occupation, the labor income of the second occupation, other part-time and temporary labor, net operating income, property income and transfer income. Net operating income refers to the net income obtained by family members engaged in production and business activities.
Property income refers to interest dividends and rental income. Per capita disposable income refers to the part that residents can't control freely, that is, personal income tax, provident fund, pension fund, medical fund and unemployment fund, which are deducted from the total household income. Because these are all rigid expenses that family members must pay, this part of nominal income must be deducted, and the rest is the income that residents can freely control.
Expressed by formula:
Disposable income of urban households = total income of urban households-income tax paid-social security expenditure paid by individuals. Total household income includes wage income, net operating income, property income and transfer income (such as pension, retirement pension and social assistance income).
2. Per capita consumption expenditure of urban residents
The per capita consumption expenditure of urban residents is the standard for calculating the living expenses of urban residents' dependents. The per capita consumption expenditure of urban residents refers to the total expenditure of urban residents for daily life, including the expenditure on purchasing commodities, cultural life, service and other non-commodity expenditures.
Excluding fines, losses and various taxes paid (such as personal income tax, license tax, property tax, etc.). ), nor does it include all kinds of expenses incurred by individual workers in production and operation.
3. Urban residents
Urban residents can be divided into broad sense and narrow sense. Urban residents in a broad sense generally refer to people who live and live in cities and towns. It includes not only residents with urban hukou, but also people without urban hukou who have lived, worked and lived in cities and towns for a certain period of time and whose economic income and life come from cities and towns. Therefore, whether it belongs to "urban residents" is not marked by or not only by household registration.
In a narrow sense, "urban residents" refers to the permanent population in cities and towns, that is, people who live in cities and towns, have a fixed occupation and a stable source of income and life, and have permanent residence or household registration. "Urban residents" in a narrow sense have urban hukou. Urban hukou includes non-agricultural registered permanent residence personnel such as "self-care ration hukou", "blue-printed hukou" and "local urban resident hukou". Therefore, the subject of "urban residents" is much broader than that of "non-agricultural population".
Second, the rural minimum living standard
Rural residents' standard refers to that the victim is a rural resident, and the calculation standard of disability compensation and death compensation is calculated according to the per capita net income of rural residents; The living expenses of the dependents are calculated according to the annual per capita living expenses of rural residents.
1, per capita net income of rural residents
The per capita net income of rural residents is the standard for calculating disability compensation and death compensation for rural residents. The per capita net income of rural residents is an annual accounting index reflecting the average income level of rural residents in the whole country or a region.
The net income of rural residents is the total income of rural households from various sources in that year, after deducting the corresponding related expenses. Specifically, it is the total income of rural families after deducting household operating expenses, various taxes and fees paid, depreciation of productive fixed assets and gifts from relatives and friends in rural areas.
2. Per capita annual living consumption expenditure of rural residents
The annual per capita living expenditure of rural residents is the standard for calculating the support expenses of rural residents.
The per capita annual living consumption expenditure of rural residents refers to the total expenditure of rural households for daily life, and is an important indicator to reflect and study the actual living consumption level of rural households.
3. Rural residents
Rural residents refer to people who have agricultural registered permanent residence, live and live in rural areas and are mainly engaged in agriculture.
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