How to compensate for hit and run accident
In recent years, traffic accidents have occurred frequently, and hit-and-run cases have attracted particular attention. Hit-and-run is not only a disregard for the law, but also secondary harm to the victim and his family. This article will combine the hot topics and hot content on the Internet in the past 10 days to analyze the compensation issues in hit-and-run accidents in detail, and provide structured data for readers' reference.
1. Legal liability for hit-and-run accidents
According to the "Road Traffic Safety Law of the People's Republic of China" and relevant judicial interpretations, hit-and-run behavior will face the following legal liabilities:
| Responsibility type | Specific content |
|---|---|
| administrative penalty | Driving license revoked and banned from driving for life |
| criminal liability | Those who cause death shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; those who cause death shall be sentenced to fixed-term imprisonment of not less than 7 years |
| civil compensation | Bear all liability for compensation, including medical expenses, lost work expenses, nursing expenses, etc. |
2. Scope of compensation for hit-and-run accidents
Compensation coverage in hit-and-run cases usually includes the following:
| Compensation items | Specific instructions |
|---|---|
| medical expenses | Including actual expenses such as hospitalization fees, surgical fees, medicine fees, etc. |
| Lost work fee | Calculated based on victim’s income level and time lost from work |
| Nursing fee | Calculated based on caregiver income and nursing hours |
| Disability compensation | Calculated based on disability level and income level of local residents |
| Compensation for mental damages | Judgment will be made based on the degree of mental damage of the victim. |
3. Calculation standards for hit-and-run compensation
The following are common compensation calculation standards in recent popular cases (taking a certain place as an example):
| Project | calculation standard |
|---|---|
| medical expenses | Actual expenditure (formal bills required) |
| Lost work fee | Average daily income × days lost from work |
| Nursing fee | Average daily income of nursing staff × number of nursing days |
| Disability compensation | Per capita disposable income of urban residents × 20 years × disability coefficient |
| Compensation for mental damages | Generally no more than 50,000 yuan |
4. Claims Process for Hit-and-Run Cases
Victims or their families can make claims through the following process:
1.Alarm handling: Immediately call the police and retain on-site evidence, and the traffic police department will issue an accident liability determination letter.
2.medical treatment: Send to hospital for treatment promptly and keep all medical receipts and diagnosis certificates.
3.Negotiate compensation: Negotiate compensation matters with the perpetrator or his insurance company.
4.Litigation avenue: If negotiation fails, a civil lawsuit can be filed in court.
5. How to avoid hit-and-run accidents
For drivers, the key to avoiding hit-and-run accidents is to:
1.keep calm: Stop the vehicle immediately after an accident to protect the scene.
2.Rescue the injured: Dial 120 immediately to rescue the injured and call the police.
3.Cooperate with the investigation: Truthfully state the accident to the traffic police department and cooperate with the investigation.
Conclusion
Hit-and-run is a serious illegal act and will not only face severe legal sanctions, but also require high financial compensation. I hope this article can provide valuable reference for victims and their families, and also remind drivers to abide by traffic laws and drive in a civilized manner.
check the details
check the details
en
