Compensation standard for traffic accident death

Death compensation, funeral expenses, living expenses of dependents, etc.

First, the compensation content

Traffic accident death compensation mainly includes death compensation, funeral expenses and living expenses of dependents. Among them, death compensation is the economic compensation for the victim's loss of life, funeral expenses are used to pay the victim's funeral expenses, and the living expenses of the dependents are to ensure the basic life of the dependents before the victim's life.

Second, the compensation standard

The compensation standard is determined according to the victim's age, income status, household registration and dependents. Generally speaking, death compensation will be divided into different grades according to the age and income of the victim. The younger the age, the higher the income and the higher the compensation amount. In addition, there may be differences in compensation standards between urban residents and rural residents.

Three. Compensation program

When a traffic accident leads to death, the victim's family should first call the police and keep relevant evidence. Subsequently, the family members can apply to the traffic management department for accident identification, and claim compensation from the accident party or its insurance company according to the identification results. In the case of fruitless negotiation, family members can safeguard their rights and interests through legal channels.

Fourth, matters needing attention

In the process of applying for compensation, family members should pay attention to keeping relevant evidence, such as accident certificate, medical certificate, income certificate, etc., so as to provide strong support during negotiation or litigation. At the same time, family members should also understand relevant laws, regulations and compensation standards in order to better safeguard their legitimate rights and interests.

To sum up:

The standard of traffic accident death compensation involves many aspects, such as death compensation, funeral expenses, living expenses of dependents, etc., and its standard is calculated according to the specific situation of the victim. In the process of applying for compensation, family members should understand relevant laws, regulations and compensation standards and keep relevant evidence in order to safeguard their rights and interests.

Legal basis:

Road Traffic Safety Law of the People's Republic of China

Article 76 provides that:

If a traffic accident of a motor vehicle causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:

(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.

(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.

The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.

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

Article 15 stipulates:

Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and the calculation period is 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.