How to compensate someone who is solely responsible for hitting someone?
Recently, the issue of traffic accident compensation has once again become a hot topic in society. Especially in the case where the person is solely at fault for the collision, the compensation standards and procedures have attracted much attention. This article will combine the hot content on the Internet in the past 10 days, sort out the relevant data and cases of full-fault collision compensation, and help everyone better understand this issue.
1. Legal basis for compensation for collision with full liability
According to the relevant provisions of the "Road Traffic Safety Law of the People's Republic of China" and the "Civil Code", the fully responsible party must bear the victim's medical expenses, lost work expenses, nursing expenses, disability compensation, death compensation and other expenses. The following is the legal basis for the main compensation items:
Compensation items | Legal basis |
---|---|
medical expenses | Article 1179 of the Civil Code |
Lost work fee | Article 20 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" |
Disability compensation | Article 1179 of the Civil Code |
death benefit | Article 1179 of the Civil Code |
2. Specific Standards for Compensation for Fully at fault Collision
The amount of compensation varies depending on the region, the severity of the injury and other factors. The following is a reference for compensation standards in some regions in hot cases in the past 10 days:
area | Medical expenses (10,000 yuan) | Lost work fee (yuan/day) | Disability compensation (10,000 yuan) |
---|---|---|---|
Beijing | 5-50 | 200-500 | 20-100 |
Shanghai | 6-60 | 250-600 | 25-120 |
Guangzhou | 4-40 | 150-400 | 15-80 |
3. Compensation process for full-fault collision
1.Accident identification: The traffic police department issues a traffic accident liability determination letter to identify the full responsible party.
2.Negotiate compensation: Both parties negotiate the compensation amount, or settle the claim through the insurance company.
3.litigation settlement: If negotiation fails, the victim can file a lawsuit in court.
4. Recent hot cases
1.Case 1: A private car in a certain place was solely responsible for hitting and injuring a pedestrian, and the final compensation was 150,000 yuan in medical expenses and 30,000 yuan in lost work expenses.
2.Case 2: The delivery rider is fully responsible for the collision. Because he did not purchase insurance, he is personally liable for compensation of 200,000 yuan.
5. How to avoid high compensation
1.Buy adequate insurance: It is recommended to purchase compulsory traffic insurance and commercial third party insurance to cover potential compensation risks.
2.obey traffic rules: Reduce the probability of accidents and reduce the risk of full liability.
In short, full-fault collision compensation involves many factors such as law and insurance. Understanding relevant standards and procedures will help you better safeguard your own rights and interests.
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