How much does the traffic insurance pay for the other party's injuries

After being involved in a road traffic accident

How should I claim my own damages?

How is the exact amount calculated?

at the present

Judge's hands-on calculations

Losses from injuries caused by road traffic accidents

Compensation items and criteria

There are many compensation items in road traffic accident liability disputes, including medical expenses, lost wages, nursing care, food allowance during hospitalization, nutritional expenses, disability compensation, compensation for moral damage, etc. The following is an introduction to the above items (as an example of cases accepted by the courts in Jiangxi Province):

(i) Medical expenses

The people's court's determination of the amount of medical expenses is based on the medical bills and hospitalization fees issued by the medical institution, combined with medical records, diagnostic certificates and lists of medical expenses, and so on, according to the actual calculation. Here also reminds every compensation rights for medical institutions issued the original invoice, medical bills list, medical records and other evidence should be saved, out-of-hospital purchase of drugs need to have a hospital prescription or doctor's orders and invoices for the purchase of drugs, so as to facilitate the court's determination of the amount of medical expenses.

(ii) Lost wages

Lost wages is a very significant loss in road traffic accident compensation, and is usually a very contentious item of compensation for the parties involved.

For its determination, the court adopted the following standard:

Where the victim has a regular income, the cost of lost wages is calculated on the basis of the actual reduction in income. If the victim does not have a fixed income, it shall be calculated on the basis of his or her average income over the last three years; if the victim cannot prove his or her average income over the last three years, it may be calculated on the basis of the average wage of the workers in the same or similar industry in the place where the court under appeal is situated for the previous year.

Common wage rates are:

The average annual wage of urban private sector employment in agriculture, forestry, animal husbandry and fisheries in Jiangxi Province in 2021 was 39,839 yuan per year;

The average annual wage of employed persons in urban private sector residential services, repairs and other services in Jiangxi Province in 2021 was 43,745 yuan per year.

(iii) Nursing care costs

Nursing care during hospitalization is calculated at $130/day x the number of days of hospitalization; short-term nursing care after discharge is calculated at $120/day x the number of days of medically prescribed nursing care; and long-term rehabilitative nursing care after discharge is calculated at $120 x the number of years of nursing care x 365 days x the percentage of benefits corresponding to the degree of nursing dependency.

(iv) Meal allowance and nutritional expenses during hospitalization

Normally, the hospital meal allowance is calculated at 60 yuan/day x the number of days of hospitalization; the nutrition allowance is calculated at 30 yuan/day x the period of nutrition.

(v) Disability compensation

Disability compensation is calculated as follows: per capita disposable income of urban residents in the year preceding the year in which the case was accepted x the number of years of compensation x the disability compensation index.

Reference Standards:

The per capita disposable income of urban residents in Jiangxi Province for the year 2021 is 41,684 yuan per year. The number of years of compensation is 20 years from the date of the first determination of disability; if the victim is over 60 years old, the age will be reduced by one year for each additional year of age; if the victim is over 75 years old, the compensation will be calculated according to five years. Disability compensation index: the disability compensation index for first-degree disability is 100%, second-degree disability is 90%, and so on, up to 10% for tenth-degree disability.

(vi) Moral damages

Moral damage consolation refers to the victim suffered serious personal injury, disability or death, the victim and his close relatives in the spirit of great trauma, and based on this, and the compensation obligation to give the victim and his close relatives a certain amount of compensation, the specific amount should be based on the degree of fault of the tortfeasor, the consequences caused by traffic accidents, the tortfeasor's financial capacity, the state of the local economic development and other factors Comprehensive determination.

Lao Wang (50 years old) was injured in a motor vehicle road traffic accident, costing 16,000 yuan in medical expenses, the actual number of days of hospitalization 15 days; Lao Wang has been home farming before the injury; by the appraisal institution: Lao Wang constitutes a grade 10 disability, 180 days of lost time at work, 60 days of care, 30 days of nutrition; traffic police department found that the old Wang in the accident to bear the secondary responsibility. So how should the old king's losses be calculated?

solution

Lao Wang's damages in this accident were:

1. 16,000 yuan for medical expenses;

2. 19,646.6 yuan for lost wages (39,839 yuan/year ÷ 365 days × 180 days);

3. Nursing care fee of 7,350 yuan (130 yuan/day x 15 days = 1,950 yuan, 120 yuan/day x 45 days = 5,400 yuan, 1,950 yuan + 5,400 yuan = 7,350 yuan);

4. Nutrition fee of 900 yuan (30 yuan/day x 30 days);

5. 900 yuan for meal allowance during hospitalization (60 yuan/day x 15 days);

5. Disability compensation of $83,368 ($41,684 x 20 years x 10% for 20 years under age 60);

6. 3,000 yuan for moral damages.

The total of the above is $131,164.6.

The above damages are not equal to the actual amount of compensation that Lao Wang will receive! The specific amount of compensation in practice also needs to be combined with Lao Wang and the driver's accident responsibility, whether the amount of damage exceeds the compensation limit of compulsory insurance and other factors for calculation.

Source: Jiangsu High Court, Shandong High Law