According to Article 136 of the General Principles of Civil Law:
The limitation period for the following is one year:
Compensation for bodily injury;
Sale of substandard goods without declaring;
Delayed or refused to pay the rent;
Loss or destruction of deposited property.
Claims standard:
(I) Personal injury compensation standard
Personal injury compensation standard, according to the "Supreme People's Court on the trial of personal injury compensation cases on the application of law on a number of issues of the Interpretation," Article 17, the "People's Republic of China **** and the State of China's Tort Liability Law", Article 16, including the following items:
Medical expenses, lost labor costs, Nursing care or nursing care lost wages, social security retroactive payment, re-entry damages, short-term living expenses for re-entering the workforce, and temporary unemployment. Hospitalized living or procurement costs, return home across the province transportation costs, intra-county transportation costs, cross-county transportation costs, nursing accommodation costs, hospital meal allowance, hospitalization running costs, prosecution of evidence running costs, travel costs, due to the injury of medication suture infusion on the human body or injury and pain costs, all kinds of photocopying costs.
Clothing scrapping or property damage costs, necessary nutrition, disability compensation, disability aids, dependent living expenses, rehabilitation costs, follow-up treatment costs, funeral expenses, death compensation, the victim's relatives to handle funeral expenses such as transportation costs, accommodation costs and lost wages and other reasonable costs, moral damages.
(2) property damage compensation standards
Property damage compensation standards, to determine the amount of compensation for direct and indirect losses caused by traffic accidents.
Compensation standards for direct losses:
In principle, the original state should be restored or discounted compensation. For partially repairable vehicles, facilities and articles, compensation should be made for the repair costs; if the partial loss leads to depreciation, compensation should also be made for the depreciated part of the loss; for the irreparable, compensation should be made for its actual value.
Compensation standards for indirect losses:
The victim suffered indirect losses due to traffic accidents, the aggressor and should be compensated for the losses. For example, in the case of traffic accident damages, if the victim to the damaged vehicle is being used for goods transportation or passenger transportation business activities, demand compensation for the damaged vehicle repair period of the loss of out-of-service, the person responsible for the traffic accident shall be compensated.
(C) moral damage compensation standards
Mental damage is a kind of outsiders can not measure the intangible injury, for the size and degree of mental damage generally can not be measured by the material scale, therefore, in the specific judicial practice, for the mental damage consolation, can only be based on the specific circumstances of the parties, including the economic environment of the region, the identity of the parties, the parties to the family background, the size of the responsibility of the parties in the case, the size of the family background. The parties in the case of the size of the responsibility, social influence by the judge based on discretionary power in a similar objective and reasonable and appropriate range.
Traffic accident compensation standards, refers to the damage caused by traffic accidents, the perpetrator to the victim, the insurance company on the basis of the damage caused by the insured vehicle compensation standards, including personal injury compensation standards and property damage compensation standards.
Compensation
Damages
Personal damage refers to the damage caused to the victim's person in a traffic accident, the need for medical treatment or rest and pay all kinds of expenses. According to the provisions of Article 17 of the Judicial Interpretation of Personal Damage Compensation, personal damage compensation includes medical expenses, lost wages, nursing care, transportation costs, accommodation costs, hospital food subsidies, necessary nutrition.
Calculation of personal injury compensation standards are calculated separately according to the characteristics of each category and the relevant provisions of the law. For example, medical expenses are calculated in accordance with the actual extent of damage to the victim, the state of recovery, and with reference to the certificate issued by the treating hospital or forensic identification.
Disability compensation
Disability due to traffic accidents, according to the different levels of disability, there will be different compensation standards, but generally include: disability compensation, disability aids, dependent living expenses, and rehabilitation care, continue to treat the actual occurrence of the necessary rehabilitation costs, nursing care, and follow-up treatment costs.
Death compensation
Traffic accidents cause death, undoubtedly should be categorized as a serious traffic accidents, although the value of life can not be measured in money, but the death of a living life is not the end of life, and then there are funeral, dependent life and other matters need to be resolved, so you need to comprehensively understand the death of the compensation program and the relevant standards.
According to the provisions of Article 28 of the Judicial Interpretation of Personal Injury Compensation, the living expenses of the dependents are calculated according to the degree of loss of working ability of the dependents, according to the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the place of the court of lawsuit in the previous year. If the dependent is a minor, the calculation is made up to the age of eighteen; if the dependent is incapable of working and has no other source of livelihood, the calculation is made up to twenty years. However, for those over sixty years of age, the period shall be reduced by one year for each additional year of age; for those over seventy-five years of age, the period shall be calculated at five years.
Spiritual compensation
Spiritual damages request that applies to the victim's personal injury or death of disability, does not apply to traffic accidents, such as property damage, such as a pet dog suffered traffic accidents, even if the owner of the pet dog as a family member can not be claimed spiritual damages. Calculation of moral damages, should be applied to the supreme people's court on the determination of civil liability for moral damages a number of issues to be determined by the interpretation of the tort.
At the same time, it should be noted that the right to claim compensation for moral damages shall not be alienated or inherited. However, the compensation obligation has been promised in writing to give monetary compensation, or the right to compensation has been sued to the people's court.
References:
Chinese People's **** and General Principles of the Civil Law of the State - Baidu Encyclopedia