What Is the Coefficient of Restitution?

The items included in the compensation given by the obligor (accident, insurance company) to the victim in a traffic accident mainly include medical expenses, lost-time expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses; If the victim becomes disabled due to injury, disability compensation, disability assistive device expenses, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses, and follow-up treatment expenses that actually occur due to rehabilitation care and continuing treatment, the compensation obligor shall also pay Compensation; if the victim dies, the funeral expenses, living expenses of the dependants, death compensation fees, and other reasonable expenses such as transportation expenses, accommodation expenses and lost-time losses of the relatives of the victims for the funeral matters shall also be compensated. Mental damages, the right to compensation claims to the people's court for compensation for mental damages.

Compensation standards for traffic accident compensation

Right!

The items included in the compensation given by the obligor (accident, insurance company) to the victim in a traffic accident mainly include medical expenses, lost-time expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses; If the victim becomes disabled due to injury, disability compensation, disability assistive device expenses, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses, and follow-up treatment expenses that actually occur due to rehabilitation care and continuing treatment, the compensation obligor shall also pay Compensation; if the victim dies, the funeral expenses, living expenses of the dependants, death compensation fees, and other reasonable expenses such as transportation expenses, accommodation expenses and lost-time losses of the relatives of the victims for the funeral matters shall also be compensated. Mental damages, the right to compensation claims to the people's court for compensation for mental damages.

Disability compensation pays compensation to the property of the victim who has lost all or part of his or her labor capacity due to personal injury. According to the victim's incapacity or level of disability, according to the per capita disposable income of urban residents or the net income per capita of rural residents in the previous year at the place where the respondent court is located, it will be calculated for 20 years from the date of disability determination. However, for those over the age of sixty, the age is reduced by one year for each additional year; for those over the age of seventy-five, it is calculated as five years.

Disability compensation amount = per capita income of urban (rural residents) in the previous year where the respondent court is located × disability coefficient × compensation period

The cost of disability assistive appliances is calculated in accordance with the reasonable cost standard for commonly applicable appliances. If there is a special need for the injury, the corresponding reasonable cost standard may be determined with reference to the opinion of the auxiliary device preparation agency.

Disability assistive device fee = reasonable cost for general appliances

The funeral expenses are calculated on the basis of the average salary of the employees in the previous year at the place where the court under investigation is located, based on a total of six months.

Funeral expenses = average monthly wages of employees in the previous year at the seat of the court under appeal × 6 months

The living expenses of the dependants are calculated according to the degree of incapacity of the dependants, based on the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents at the place where the respondent court is located. However, in practice, many parties do not understand the statutory compensation item for the living expenses of the dependants, let alone how to calculate the living expenses of the dependants. This article will explain in detail how to calculate the living expenses of the dependents.

The formula for calculating the cost of living of a dependent person is divided into two cases: victim death and disability:
(1) If the victim dies, the formula for calculating the cost of living of the dependant 1. Living expenses of dependents (minor dependents under 18 years of age) = per capita consumption expenditure of urban residents or per capita annual living consumption expenses of rural residents in the previous year where the court of the respondent is located × (18 years-age of dependents) Number of supporters who are responsible for support 2 Living expenses of dependents (dependents under the age of 60 who have no working ability and no other source of living) = per capita consumer expenditure of urban residents or per capita annual household consumption expenditure of rural residents in the place where the respondent court is located ÷ support for the dependants The number of volunteers Living expenses of dependents (dependents between 60 and 74 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the previous year where the respondent court is located × [20 years-(actual age of dependents-60 (Years)] ÷ number of dependents

4 Living expenses of dependents (dependents over 75 years old) = At the seat of the court indicted-annual consumption expenditure per capita of urban residents and annual consumption expenditure of rural residents × 5 years ÷ number of persons who have undertaken maintenance obligations to the dependents

(2) If the victim is disabled, the formula for calculating the cost of living of the dependant Living expenses of dependents (minor dependents under 18 years of age) = per capita consumption expenditure of urban residents or per capita annual living consumption expenses of rural residents in the previous year where the court of the respondent is located × (18 years-age of dependents) The number of supporters who are responsible for support × the disability compensation coefficient.

2. Living expenses of dependents (dependents under the age of 60 who have no working ability and no other source of living) = per capita consumer expenditure of urban residents or per capita annual household consumption expenditure of rural residents in the place where the respondent court is located ÷ support for the dependants Number of volunteers × disability compensation factor × 20 years;

3 Living expenses of dependents (dependents between 60 and 74 years old) = per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the previous year where the respondent court is located × [20 years-(actual age of dependents-60 (Years)] ÷ the number of people who are responsible for the dependents × the disability compensation coefficient:

4 Living expenses of dependents (dependents over 75 years old) = at the place of the court indicted-annual consumption expenditure per capita of urban residents and annual living consumption expenditure of rural residents × 5 years ÷ number of persons who are responsible for the maintenance of dependents × injuries Residual compensation coefficient.
The disability compensation coefficient refers to the percentage of disability compensation. The compensation coefficient for each level differs by 10%. For death and level 1 disability, the compensation coefficient is the highest, which is 100%. Level 10 is the lowest level of disability and the lowest compensation. The lowest coefficient is 10%. ^[1]

In-patient meal subsidies can be determined according to the standard of meal subsidies for general staff of local state agencies.

If it is necessary for the victim to go to a foreign country for treatment, he cannot be hospitalized due to objective reasons, and the victim and the accompanying person's actual accommodation and food expenses should be compensated for a reasonable part. (Principle in accordance with national business travel standards

In-patient meal subsidy = Standard meal subsidy for general staff of state agencies (yuan / day) × hospitalization days

Medical expenses are determined based on receipts of medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnostic certificates. If the obligor has objections to the necessity of treatment, he shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the conclusion of the first instance court debate. Rehabilitation fees, appropriate cosmetic fees, and other follow-up treatment fees necessary for organ function recovery training may be paid separately by the right holder for compensation after the actual occurrence. However, according to the medical certificate or the conclusion of the appraisal, the expenses that must be incurred can be compensated together with the medical expenses that have already occurred.

Compensation for medical expenses = consultation expenses + medical expenses + hospitalization expenses + others

The absence time is determined based on the certificate issued by the medical institution where the victim was treated. If the victim continues to miss work due to a disability, the time of missed work can be calculated up to the day before the fixed disability date.

If the victim has a fixed income, the cost of lost work is calculated based on the actual reduced income. If the victim has no fixed income, it shall be calculated based on the average income of the latest three years. If the victim cannot prove the average income of the latest three years, he may refer to the average salary of the employee of the same or similar industry in the previous year. . (For income exceeding the statutory tax amount, relevant documents such as tax payment certificate need to be issued)

Lost-work cost = Lost-work monthly income × Lost-work time

Nursing expenses are determined according to the income status of nursing staff, the number of nursing staff, and the duration of nursing.

If the nursing staff has income, it shall be calculated by referring to the provisions of lost-time pay. If the nursing staff has no income or hires a nursing staff, it shall be calculated with reference to the labor compensation standards of the local nursing staff for the same level of nursing. The nursing staff is one person in principle, but if the medical institution or appraisal agency has a clear opinion, the number of nursing staff may be determined by reference.

The duration of care should be calculated until the victim recovers the ability to take care of herself. If the victim is unable to restore self-care ability due to disability, a reasonable period of care can be determined based on factors such as his age and health status, but the maximum is not more than 20 years.

Nursing Fees = Compensation Standards for Nursing Labor of the Same Level as the Nursing Staff in the Traffic Accident × Nursing Days

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation for Personal Injury Cases, the death compensation stipulated in Article 29 shall be based on the disposable income of urban residents or the per capita net income of rural residents in the previous year at the place where the court under investigation is located. Twenty years of calculation. However, for those over the age of sixty, the age is reduced by one year for each additional year; for those over the age of seventy-five, it is calculated as five years.

Death compensation is divided into the per capita disposable income of urban residents and the per capita income standard of rural residents. The difference between the two is quite large. Due to the weak legal consciousness of many people, the legitimate rights and interests of many people cannot be maintained. In the actual trial of the court, the registration of household registration was stricter, and the relevant evidence was needed to verify it before it could be recognized for compensation according to the urban household registration.

Death compensation = per capita income of the previous year at the seat of the court indicted × 20 years

In addition, there are transportation costs, accommodation costs, direct property loss costs, vehicle outage loss costs, and spiritual damage relief payments.