generally, after disability identification after the end of treatment, compensation is made according to factors such as disability level and income.

1. Required materials

1. Civil complaint;

2. Receipts, medical records and diagnosis certificates of medical expenses and hospitalization expenses issued by medical institutions;

3. A formal bill to prove the transportation expenses;

4. Household registration certificates of the victims and their close relatives;

5. traffic accident responsibility confirmation et al.

2. Those who have suffered a fracture after being hit by a motor vehicle can claim the following compensation items

1. Medical expenses

Medical expenses include the registration fee, examination fee, treatment fee, operation fee, medical fee, blood transfusion fee, hospitalization fee, rehabilitation fee, cosmetic fee and follow-up treatment fee paid by the victim for treating injuries caused by traffic accidents. According to the payment voucher issued by medical institutions, combined with medical records (including outpatient medical records and hospitalization medical records) and diagnosis certificates and other relevant evidence.

2. Lost time

3. Nursing expenses

4. Transportation expenses

5. Accommodation expenses

The actual accommodation expenses incurred by the victims and their accompanying personnel from other places to handle traffic accidents in this city, the number of people staying and its necessity can be analyzed with reference to the transportation expenses in this article.

6. Hospitalization food allowance

7. Nutrition expenses

3. Insurance claim settlement process

1. Report an accident

Call the company to report the case immediately or report the case to the company through the Internet or fax if possible. The company's claims service personnel will inquire about the accident situation, assist in arranging rescue, inform the subsequent claims processing flow and guide the insured to call the police. In case of emergency, the insured can call the police first.

2. Accident investigation (inspection)

The company's claim adjusters or entrusted assessment agencies, technical appraisal agencies and overseas agents go to the scene of the accident to investigate the accident, understand the losses involved, consult and preliminarily collect evidence and materials related to the nature, causes and losses of the accident, confirm whether the accident belongs to insurance liability, and entrust specialized technical appraisal departments or scientific research institutions to provide professional technical support when necessary. The company will guide the insured to fill in the notice of danger (claim application) and issue the notice of claim to the insured.

3. loss confirmation

the company and the insured * * * confirm the loss scope, loss quantity, loss degree, loss amount and other loss contents of the insured property, the compensation contents for personal injury and death, rescue and other related expenses, determine the repair methods and expenses of the damaged property, and entrust a qualified third-party loss appraisal and evaluation agency to provide professional technical support when necessary.

4. Submit the claim materials

Submit all the materials required for the claim according to the contents of the claim notice written by the company to the insured, and the company will timely review and confirm the authenticity and completeness of the claim materials submitted by the insured. If the claim materials are incomplete, the company will promptly notify the applicant to supplement the relevant materials. If there is any doubt about the authenticity of the claim materials, the company will investigate and verify them in time.

5. Compensation calculation and review

Under the condition that the claim materials submitted by the insured are true and complete, the company will accurately calculate the insurance compensation and conduct internal review of the compensation case according to the insurance contract and relevant laws and regulations, and reach a final compensation agreement with the insured.

6. Receiving compensation

The company pays compensation to the insured according to the payment method agreed with the insured and the insurance contract.

7. Assist in recovery

If an insurance accident is caused by damage to the subject matter insured by a third party, the company will ask the applicant to sign the transfer of rights and interests and assist the company in recovery from the third party after paying compensation to the applicant according to the insurance contract and relevant laws and regulations.

Legal Basis

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases

Article 4 If a helper who provides services free of charge causes damage to others in his helper activities, the helper shall be liable for compensation. The people's court shall support the case that the helped workers bear the liability for compensation and claim compensation from the helped workers who have intentional or gross negligence. If the helped workers explicitly refuse to help them, they shall not be liable for compensation.

Article 5 If a helper who provides labor services free of charge suffers personal injury due to helper activities, he shall bear corresponding responsibilities according to the respective faults of the helper and the helper; If the helped worker explicitly refuses to help the worker, the helped worker will not be liable for compensation, but can make appropriate compensation within the scope of benefit.

if a helper suffers personal injury due to the behavior of a third person in the helper activities, he has the right to request the third person to bear the liability for compensation, and also has the right to request the helper to make appropriate compensation. After being compensated by the workers, they can claim compensation from a third party.

article 6 the medical expenses shall be determined according to the receipt vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the obligor for compensation disagrees with the necessity and rationality of the 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 end of the debate in the court of first instance. The compensation holder may sue separately after the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses for organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.

Article 8 The nursing expenses shall be determined according to the income of nursing staff, the number of nurses and the nursing period.

If the nursing staff has income, it shall be calculated with reference to the provisions on lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the labor remuneration standard of local nursing staff engaged in the same level of nursing. In principle, there is one nursing staff, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference.

the nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, he can determine a reasonable nursing period according to his age, health status and other factors, but the longest period is not more than 21 years.

The nursing level of the victim after disability should be determined according to the degree of nursing dependence and the preparation of disability AIDS.