How to compensate for the injuries caused by driving in 2018
4hw.com.cn: in daily life, even old drivers can hardly avoid traffic accidents completely. For many new people, people will be very flustered when they are hit by traffic accidents. What should we do if they are hit by cars? How to compensate for the car crash? Let's have a look. 1、 How to deal with a car crash
1. Keep the original of the bill for the medical expenses paid directly in advance, and ask the injured to issue the receipt as much as possible for the money paid directly to the injured.
2. The deposit and advance payment paid to the traffic police department shall be transferred to the injured's hospital account in time, and the remaining amount of the unused or unused part shall be inquired and known in time before the civil compensation of the accident.
3. It's better to advance only the necessary medical expenses. If it's not an emergency, try not to advance other expenses such as the cost of employing a support worker, board and lodging, and transportation expenses. This does not mean that the injured will not be protected, but to avoid unnecessary troubles caused by future compensation links (such as mediation and litigation) (because individual expenses do not belong to the claims scope of the insurance company or the self compensation standard is too high, later The loss can only be admitted by the insurance company when the claim can't be settled within the period).
2、 How to compensate for the car crash
First of all, how to determine the amount of compensation claimed by the injured? All parties can refer to the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of personal injury compensation, in which the compensation items are basically clear and can be listed against each other.
In addition to knowing which items should be compensated and how much can be claimed, the final amount should be determined according to the evidence provided by the injured.
In general, the materials that the injured and their families need to provide include: medical bills, cases, medical records, discharge summary (discharge record), (death certificate), Traffic Accident Liability Certificate (traffic accident certificate), driver's license, driver's license, copy of insurance policy, ID card, household registration certificate, residence (temporary residence) certificate, work and income reduction certificate, nursing Proof of management personnel and proof of reduction of working income, identity certificate of dependant, judicial appraisal opinion, transportation bill, accommodation bill, rescue parking bill and other relevant materials.
1. The medical expenses need formal bills, and the overdue bills shall be paid as soon as possible in exchange for the formal medical expenses bills (non advance payment bills) and the treatment expense list shall be printed at the same time. The outpatient bills shall provide the facts that the case confirms the day of the follow-up visit. If the name of the bill is wrongly typed, the hospital shall be required to correct it and stamp it.
2. For the calculation of the cost of work delay, the injured shall provide evidence of the decrease in income. For example, the average wage can be calculated according to the wage table, punch in record, tax payment voucher, etc. (the legal provision is to provide three years prior to the occurrence of traffic accident). If it can not be provided, try to provide evidence to prove the industry in which you work, you can calculate the average wage according to the last year's average wage standard of the industry in which you work. The length of the time off work needs to be determined according to the doctor's order (such as the total rest and construction rest indicated in the doctor's order). If there is no doctor's order, if the injured is willing, it is better to apply for the identification of the time off work. If the doctor's order suggests a long rest time or continuous construction rest, it can be calculated to the day before the disability determination. (in addition, students, those who have no actual work after retirement, those whose actual income has not been reduced, and those who have no ability to work, etc. will not be charged for work delay. )
3. For the calculation of nursing expenses, if there is a complete proof of income reduction, it shall be based on the proof. If there is no proof, it can be based on the standards of nursing workers and service industry. The length of nursing period is generally calculated as the number of days in hospital. After discharge, the length of nursing period still needs to be determined according to the doctor's order or the appraisal of nursing period. Generally, the number of nurses is one, and those with medical advice can be more than two.
4. The number of days for calculation of nutrition fee is generally the number of days in hospital. If there is a doctor's order indicating the nutritional period or judicial appraisal opinion, the calculation of nutritional period may exceed the length of stay.
5. Judicial identification, first of all, when the injured are seriously injured, it is better to apply for disability assessment. At present, the minimum level of disability (level 10) compensation amount will be about 30000 yuan more than that without disability (urban residents). The selection of appraisal institutions is also more important. If the time is ripe, it is better to entrust appraisal by the people's court.
Three months after discharge (end of treatment), or when the injured is fixed in place (such as steel plate and steel nail have not been removed), it is better to apply for identification about two months after the removal operation.
6. After the assessment of disability, the issue of standards between rural and urban areas is controversial.
7. Other losses, such as vehicle loss, property loss and outage loss, shall be assessed and determined.