Traditional Culture Encyclopedia - Hotel reservation - Is it a minor injury to fall in a car accident without stitches?
Is it a minor injury to fall in a car accident without stitches?
1. Is seven stitches on the face in a traffic accident a minor injury?
Generally speaking, it is a minor injury. It depends on the length of the wound. Serious injuries require disfigurement. Destroying one person's appearance means destroying another person's appearance, causing obvious deformation, ugliness or dysfunction.
Minor injury: the length of a single facial soft tissue wound is 3.5 cm (3 cm for children), or the cumulative length of the wound is 5 cm (4 cm for children) or maxillofacial penetration.
2. What is the scope of compensation for minor injuries caused by traffic accidents?
1. Medical expenses: The amount of compensation for medical expenses shall be determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates, and according to the amount actually incurred before the end of the debate in the court of first instance.
Rehabilitation expenses, cosmetic expenses and follow-up treatment expenses: the rehabilitation expenses necessary for organ function recovery training, appropriate cosmetic expenses and other follow-up treatment expenses, and the compensation holder can sue separately after the actual occurrence. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. Lost time: determined according to the lost time and income of the victim.
Lost time: determined according to the certificate issued by the medical institution where the victim is treated. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. Nursing expenses: 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 of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, 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, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.
4. Transportation expenses: calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
5. Hospitalization food subsidy: It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs.
The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
6. Nutrition fee: determined according to the disability of the victim and referring to the opinions of medical institutions.
3. Who are the responsible subjects of traffic accidents?
1, motor vehicle editor
The motor vehicle in the main body of traffic accident compensation includes the owner, actual user and controller of the vehicle, because the user and owner of the motor vehicle as a bullet train may be inconsistent.
(1) If the stolen motor vehicle causes an accident, the thief shall be liable for compensation, and the owner of the motor vehicle shall not be liable.
(2) The employer shall be liable for compensation if a traffic accident happens to the laborer while performing official duties; If the laborer has intentional or gross negligence, he shall agree with the employer to bear joint liability;
(3) If a traffic accident occurs by driving another person's motor vehicle without authorization, the actual driver shall bear the liability for compensation, and if the owner of the motor vehicle is at fault, he shall bear the corresponding liability for compensation.
(4) The borrower shall be liable for compensation in case of a traffic accident of the lent vehicle. The lender and the borrower shall be jointly and severally liable for compensation if the lent vehicle is not informed that it is defective at the time of lending, or if the lender still lends it knowing that the borrower has no driving qualification.
2. Insurance companies
China implements the compulsory motor vehicle liability insurance system, that is, there is compulsory liability insurance in which an insurance company compensates victims other than the insured and the insured for personal injury and property loss caused by traffic accidents of the insured motor vehicle within the liability limit, commonly known as "compulsory insurance". Therefore, if a traffic accident is the responsibility of a motor vehicle, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance, but this is based on the premise that the motor vehicle participates in compulsory motor vehicle third-party liability insurance according to regulations.
3, social assistance fund management institutions
If the rescue expenses of traffic accident victims exceed the liability limit, they do not participate in compulsory motor vehicle third-party liability insurance or escape after the accident, the social relief fund for road traffic accidents shall advance part or all of the rescue expenses in advance. After the road traffic accident, the social assistance fund management institution has the right to recover from the person responsible for the traffic accident. But strictly speaking, the social assistance fund management institution only performs the obligation of assistance, not the obligation of compensation.
To sum up, whether personal injuries caused by traffic accidents constitute minor injuries should be determined according to whether they meet the standards of minor injuries. Specifically, you can go to a judicial appraisal institution for appraisal and seek tort liability compensation according to the appraisal results. The above is the content of finding seven stitches on your face in a traffic accident.
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