1, 2021 Yunnan Province traffic accident compensation standards
Traffic accident compensation standards, refers to the damage caused by traffic accidents, the perpetrator to the victim, the insurance company to compensate for the damage caused by the insured vehicle based on the standard, today I'm on the Yunnan Province traffic accident compensation program in 2021, the calculation of the specific amount of compensation to you to do a detailed introduction.
2021 Yunnan Province road traffic accident personal injury compensation related to the calculation of the cost of standardsI, 2021 urban residents per capita disposable income of 30,996 yuan. Second, in 2021, the average disposable income per capita of permanent residents of rural areas 9,862 yuan. Third, the per capita consumption expenditure of urban permanent residents in 2021 will be 19,560 yuan. Fourth, per capita consumption expenditure per permanent resident in rural areas in 2021: 8,027 yuan. V. The average salary of on-the-job employees of urban state-owned units in 2021 will be 95,688 yuan. Among them: (i) the average wage of on-the-job employees in the agriculture, forestry, animal husbandry and fishery industries is 58,667 yuan; (ii) the average wage of on-the-job employees in the mining industry is 57,832 yuan; (iii) the average wage of on-the-job employees in the manufacturing industry is 71,303 yuan; (iv) the average wage of on-the-job employees in the production and supply of electric power, heat, gas and water is 91,632 yuan; (v) the average wage of on-the-job employees in the construction industry is 75,817 yuan; and (vi) the average wage of on-the-job employees in the (viii) transportation, storage and postal services, with an average wage of 92,327 yuan; (vii) information transmission, software and information technology services, with an average wage of 91,650 yuan; (viii) wholesale and retail trade, with an average wage of 135,515 yuan; (ix) accommodation and food service, with an average wage of 39,459 yuan; (x) finance, with an average wage of 120,411 yuan; (xi) real estate and construction, with an average wage of 75,817 yuan; (xiii) housing and construction, with an average wage of 75,517 yuan; (xiv) housing and construction, with an average wage of 75,817 yuan; (xv) construction and construction, with an average wage of 75,517 yuan; and (xi) real estate industry, the average wage of on-board employees 71,684 yuan; (xii) rental and business services, the average wage of on-board employees 94,146 yuan; (xiii) scientific research and technical services, the average wage of on-board employees 89,360 yuan; (xiv) water conservancy, environment and public **** facilities management, the average wage of on-board employees 66,987 yuan; (xv) residential services, repairs and other services The average wage of employees on the job is 63,460 yuan; (xvi) the average wage of employees on the job in the education industry is 101,174 yuan; (xvii) the average wage of employees on the job in the health and social work is 93,754 yuan; (xviii) the average wage of employees on the job in the culture, sports and recreation industry is 90,442 yuan; (xix) the average wage of employees on the job in the public **** management, social security and social organizations is 97,717 yuan.
2021 Yunnan Province traffic accident compensation standard1, medical fee registration fee + diagnosis and treatment + medicine + hospitalization fee + other medical expenses, need to be combined with the patient's case and diagnostic certificate.2, nursing fee according to the income status of the nursing staff, the number of nursing and nursing period to determine. If the caregiver has income, refer to the standard calculation of lost wages; if the caregiver has no income or employs a caregiver, refer to the standard calculation of the labor remuneration of the local caregiver engaging in the same level of care.3. The victim's lost wages are determined according to the victim's income status and the duration of the lost wages. The victim's fixed income (days/months/years) × time lost at work or (the average income of the last three years or the average wage of the employees in the same (recent) industry in the place where the court under appeal is located for the previous year ÷ 365 days) × number of days lost at work.4. Hospitalized food subsidy Hospitalized food subsidy × number of days of hospitalization.5. Transportation costs are calculated according to the actual costs incurred by the victim and his/her necessary caregiver for seeking medical treatment or transferring to a hospital for treatment.6, Nutritional expenses shall be determined according to the disability of the victim and with reference to the opinion of the medical institution.7 Disability compensation (1) Disability compensation for urban residents under the age of 60 = per capita disposable income of urban residents × 20 years × disability compensation coefficientDisability compensation for rural residents = per capita net income of farmers × 20 years × disability compensation coefficient (2) Disability compensation for urban residents between the age of 60 and 74 = per capita disposable income of urban residents × 20 years × disability compensation coefficient Compensation = per capita disposable income of urban residents × [20 years - (actual age of the victim - 60 years old)] × disability compensation coefficient (2) Disability compensation for urban residents between the ages of 60 and 74 = per capita net income of farmers × [20 years - (actual age of the victim - 60 years old)] × disability compensation coefficient (3) Disability compensation for rural residents over the age of 75 = per capita disposable income of urban residents × 5 years × disability compensation coefficient (4) Disability compensation for rural residents over the age of 75 = per capita disposable income of urban residents × 5 years × disability compensation coefficient Disability compensation coefficient for rural residents = per capita net income of peasants yuan x 5 years x disability compensation coefficient Death compensation (1) Death compensation for urban residents when the victim is under 60 years old = per capita disposable income of urban residents' families yuan x 20 years Death compensation for rural residents = per capita net income of peasants yuan x 20 years (2) Death compensation for urban residents when the victim is between the ages of 60-74 years old = per capita disposable income of urban residents yuan x 20 years Per capita disposable income of urban residents × [20 years - (actual age of the deceased - 60 years old)] Compensation for death of rural residents = per capita net income of farmers × [20 years - (actual age of the deceased - 60 years old)] (3) Compensation for death of urban residents whose victims are over 75 years old = per capita disposable income of urban residents × 5 years Compensation for death of rural residents = per capita net income of farmers × 5 years 8. 5 years 8, moral damage consolation according to the victim's injuries to determine the general evaluation of the disability grade without the cost of the specific disability grade can get how much moral damage consolation, mainly by the judge's discretion. The infringer is a natural person, generally 1,000 to 10,000; the infringer is a legal person or other social organizations, generally in accordance with the natural person compensation standard of five to ten times to be compensated. If the consequences of the damage are particularly serious, the compensation standard may be appropriately raised on the basis of the above. 9. Dependents' living expenses (1) the amount of compensation for the living expenses of the dependents of urban residents under the age of 18 years = per capita consumption expenditure of urban residents × (18 - the actual age of the dependents) ÷ number of people who have assumed the obligation to support the dependents × disability compensation coefficient (in the event of the death of the victim, the compensation coefficient will not be multiplied by the disability compensation coefficient). coefficient) Compensation amount for the living expenses of the dependents of rural residents = yuan per capita living consumption expenditure of the farmer's family × (18 - the actual age of the dependents) ÷ the number of people who are obliged to support the dependents × the disability compensation coefficient (in case of the victim's death, the disability compensation coefficient will not be multiplied) (2) Compensation amount for the living expenses of the dependents of the urban residents whose dependents are between the ages of 18-60 years old = (yuan per capita living consumption expenditure of the urban resident's family × 20 years) Consumption Expenditure of Urban Residents x 20 years) ÷ Number of persons who bear the obligation to support the dependents x Disability Compensation Coefficient (if the victim dies, the Disability Compensation Coefficient is not multiplied) Amount of Compensation for Dependents' Living Costs of Rural Residents = (Per Capita Living Consumption Expenditure of Farmers' Households in Yuan x 20 years) ÷ Number of Persons who Bear the Obligation of Supporting the Dependents x Disability Compensation Coefficient (if the victim dies, the Disability Compensation Coefficient is not multiplied) (3) The amount of compensation for the living expenses of the dependents who are between 60 and 74 years old for urban residents = _RMB per capita consumption expenditure of urban residents' families × [20 years - (actual age of the deceased - 60 years old)]_ ÷ the number of people who bear the obligation to support the dependents × the coefficient of compensation for disability (in case of the victim's death, the coefficient of compensation for disability is not multiplied) The amount of compensation for the living expenses of the dependents of rural residents = _RMB per capita consumption expenditure of farmers' families The amount of compensation for the living expenses of the dependents of rural residents = _ yuan per capita living consumption expenditure of peasant families × [20 years - (actual age of the deceased - 60 years old)]_ ÷ the number of people who bear the obligation to support the dependents × the coefficient of compensation for disability (if the victim is dead, the coefficient of compensation for disability is not multiplied). (4) The amount of compensation for the living expenses of the dependents of urban residents who are more than 75 years old = (yuan per capita living consumption expenditure of urban households × 5 years) ÷ the number of people who bear the obligation to support the dependents × the coefficient of compensation for disability. The number of people who are obliged to support the dependents × disability compensation coefficient (in case of death of the victim, the disability compensation coefficient is not multiplied) The amount of compensation for the living expenses of the dependents of rural residents = (per capita living consumption expenditure of farmers' families of yuan × 5 years) ÷ the number of people who are obliged to support the dependents × disability compensation coefficient (in case of death of the victim, the disability compensation coefficient is not multiplied) 10. Disability auxiliary apparatus costs are calculated in accordance with the standard of the reasonable costs of ordinary applicable apparatus If the injury has special needs, the reasonable cost standard can be determined with reference to the opinion of the auxiliary apparatus allocation organization. The replacement cycle and maintenance cost of auxiliary aids shall be determined with reference to the opinion of the configuring organization.11. Follow-up treatment cost can be sued separately after the actual occurrence of the cost, but according to the medical certificate or the conclusion of the judicial appraisal to determine the inevitable costs, can be claimed together with the costs that have occurred.12. Cosmetic surgery cost can be sued separately after the actual occurrence of the cost, but according to the medical certificate or the conclusion of the judicial appraisal to determine the inevitable costs, can be claimed together with the costs that have occurred. The cost of plastic surgery can be sued separately after the actual occurrence, but it can be claimed together with the cost that has been incurred according to the medical certificate or judicial appraisal conclusion. 13. Rehabilitation cost is the cost incurred for the training of organ function recovery. This cost can be sued separately after the actual occurrence, but according to the medical certificate or judicial appraisal to determine the inevitable costs, can be claimed along with the costs already incurred.14. Accommodation costs The victim really need to go abroad for treatment, due to objective reasons can not be hospitalized, the victim and his caregiver actually incurred accommodation costs; the victim died, the victim's relatives to handle the funeral matters pointed out that the accommodation costs. 15, funeral expenses compensation formula funeral expenses compensation amount = the average annual salary of urban unit on-the-job workers ÷ 12 months × 6 months 16, property damage traffic accident compensation program may also include direct loss of property (the actual value of the damage directly caused by the traffic accident, based on the invoice and reasonableness of the settlement), loss of operation of the vehicle out of service, and so on.
2021 Yunnan Province traffic accident disability compensation standard(a) the victim has not reached the age of 60 years of urban standard/rural standard: formula: disability compensation = 43910/20226 yuan / year × compensation index × 20 years first-degree disability: 43910/20226 yuan / year × 100% × 20 years = 878200 yuan / 404520 yuan second-degree disability : 43910/20226 yuan/year × 90% × 20 years = 790,380 yuan / 364068 yuan third-degree disability: 43910/20226 yuan/year × 80% × 20 years = 702,560 yuan / 323,616 yuan fourth-degree disability: 43910/20226 yuan/year × 70% × 20 years = 614,740 yuan / 283,164 yuan fifth-degree disability: 43910/20226 yuan/year × 60% × 20 years = 526920 yuan/241,712 yuan Sixth-grade disability: 43910/20226 yuan/year × 50% × 20 years = 439,100 yuan/202,260 yuan Seventh-grade disability: 43910/20226 yuan/year × 40% × 20 years = 351,280 yuan/161,808 yuan Eighth-grade disability: 43910/20226 yuan/year × 30% × 20 years = 263,460 yuan / 121,356 yuan Ninth-grade disability: 43910/20226 yuan/year × 20% × 20 years = 175,640 yuan / 80,904 yuan Tenth-degree disability: 43910/20226 yuan/year × 10% × 20 years = 87,820 yuan / 40,452 yuan
(ii) The victim is 60-74 years old. (B) the victim 60-74 years of age of the urban standard / rural standard: formula: disability compensation = 43910 yuan / 20226 yuan × compensation index × compensation years compensation years: on the basis of 20 years, every year increase in age, reduce the calculation by one year
(C) the victim has reached the age of 75 years of the urban standard / rural standard: the formula : Disability compensation = 43910/20226 yuan / year × compensation index × 5 years first-degree disability: 43910/20226 yuan / year × 100% × 5 years = 219550 yuan / 101130 yuan second-degree disability: 43910/20226 yuan / year × 90% × 5 years = 197595 yuan / 91017 yuan third-degree disability: 43910/20226 yuan Third-degree disability: 43910/20226 yuan/year × 80% × 5 years = 175640 yuan/80904 yuan Fourth-degree disability: 43910/20226 yuan/year × 70% × 5 years = 153685 yuan/70791 yuan Fifth-degree disability: 43910/20226 yuan/year × 60% × 5 years = 131730 yuan/60428 yuan Sixth-degree disability: 43910/20226 yuan/year × 50% × 5 years = 109775 yuan/60428 yuan 5 years = 109,775 yuan/50,565 yuan Grade 7 disability: 43910/20226 yuan/year × 40% × 5 years = 87,820 yuan/40,452 yuan Grade 8 disability: 43910/20226 yuan/year × 30% × 5 years = 65,865 yuan/30,339 yuan Grade 9 disability: 43910/20226 yuan/year × 20% × 5 years = 43910 yuan /Grade 10 disability: 43910/20226 yuan/year × 10% × 5 years = 21955 yuan/10113 yuan
General Traffic Accident Compensation Process1. The parties involved in the accident immediately move the vehicle to a place that does not affect the traffic. 2. The parties involved in the accident each present and check each other's driver's license, driving license and proof of insurance, such as the discovery of documents that can't be identified by damaged or false documents. 3. If you find that the documents are damaged and unrecognizable or there is a suspicion of false documents, report to the police immediately. 3. Confirm that the documents are undoubtedly, both parties should immediately file a report to 110, 122 and to their respective insurance companies. After the insurance company receives the case and fills in the "Accident Confirmation Sheet", the parties will go to the nearest insurance company to determine the damage of the vehicle and settle the claim.4. After the parties arrive at the same insurance company, the insurance company will promptly send its staff to evaluate and determine the damage of the damaged vehicle.5. The parties who have no objections to the insurance company's determination of the damage will sign on the physical damage evaluation opinion, and the insurance company will settle the claim.6. The parties will hold the Confirmation Sheet and the documents provided for in the insurance contract. The party with this "Confirmation Sheet" and the documents provided for in the insurance contract, submit a claim application to the insurance company.
Response to related questions1, Yunnan after the implementation of household registration reform, traffic accident compensation standards have changed? A household registration system reform, traffic accident compensation for urban and rural households remain unchanged, if the household is a non-agricultural household, will be compensated by the standard of urban households. Even with the reform of the household registration system, the compensation standard will continue to be differentiated between provinces, autonomous regions and municipalities directly under the central government, and between rural and urban areas. If you are a rural resident and have lived in a town for more than a year, you will be compensated according to the standards of the town you live in.
2, 2021 Yunnan Province rural household traffic accident compensation standards in alimony, maintenance, how to calculate? Answer the amount of compensation for the living expenses of the dependents = the per capita annual consumer expenditure in the place where the person responsible for the accident × the number of years of support. According to Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation for Personal Injury, the living expenses of the dependent person shall be calculated in accordance with the degree of loss of working ability of the dependent person, and in accordance with the standard of per capita annual consumption expenditure of urban residents and per capita annual consumption expenditure of rural residents in the location of the court under appeal in the previous year. If the dependent is a minor, the calculation shall be made up to the age of eighteen; if the dependent is incapable of working and has no other source of livelihood, the calculation shall be made up to twenty years. However, if the person is over sixty years of age, the period shall be reduced by one year for each additional year of age; if the person is over seventy-five years of age, the period shall be calculated on the basis of five years.
3, Yunnan traffic accident lost wages, nutritional costs per day standard is how much? Answer the victim lost wages is based on the victim's income status and lost time to determine. The victim's fixed income (days/months/years) × lost time or (the average income for the last three years or the location of the court of appeal in the same (near) industry the average wage of the previous year's employees ÷ 365 days) × days of lost time. Nutritional expenses are determined according to the victim's disability and with reference to the opinion of the medical institution (generally 50 a day in Yunnan).
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