Netizen "Wang" advisory messages (2009-06-18):Can sue the vehicle affiliated company? My sister take a road car dumper, died on the spot, the driver seriously injured admitted, in fact the driver was the owner of the car (the car calling a company in Chongqing), also is my sister's husband, they lived together for more than a month, also did not apply for a marriage certificate. My sister is agricultural registered permanent residence, but he has been in the town opened a shop to do business, my brother-in-law died early, three children under 16, maximum, minimum and less than 12 years old.My mother, she also has her. The car into the cross strong insurance, liability insurance and third staff car insurance, the insurance company said that since the car's staff car insurance coverage is 50000, they are the most settlement 50000. Excuse me: 1, the insurance company for my sister's compensation is really only a maximum of 50000? 2, if we sued the car affiliated company, we must also prosecute owners not only my sister's husband?(we don't want to prosecute him) 3, if we sued the company for success, my sister's death damages the calculated how?Most can be compensated?
[message] 1, the insurance company for my sister's compensation is really only a maximum of 50000? -- if the police identified your sister ride vehicles belonging to the unilateral accident, finds all responsibility and your sister cohabitation driving people to assume the accident of words, then, the vehicle compulsory insurance and third party commercial insurance is not compensation.But the staff car insurance to compensation, the amount of compensation to the insurance contract.If the amount of indemnity insurance contract is 50000 yuan, the insurance company staff told you is right. 2, if we sued the car affiliated company, we must also prosecute owners not only my sister's husband?(we don't want to prosecute him) -- the vehicle affiliated companies and the vehicle ownership (owner) shall bear joint and several liability.Recommended the prosecution together, so that you can get the maximum protection of rights. 3, if we sued the company for success, my sister's death damages the calculated how?Most can be compensated? -- about the compensation amount, need to go through the calculation of concrete that can.Now do not know your local compensation standards, so can't give you the exact reference.However, I can tell you now, compensation and compensation standards, you can according to the provisions of the local standard of compensation calculation.
The traffic accident death compensation items and standards
According to "explain" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case, the death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment of the provisions of the first paragraph (including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospital food subsidies, nutritional costs, the necessary traffic fee), should also be compensation for funeral expenses, was dependent for living expenses, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs.The causes of mental loss should also be compensation for mental solatium. The following projects and compensation standards: A, funeral expenses. Funeral expenses in accordance with by the seat of the court last year on the average wage of workers, for the sum of six months. Two, death compensation. Compensation for death shall be the seat of the court last year for urban residents per capita disposable income per capita net income of rural residents standards or, according to twenty years.But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. Compensation for rights holders to prove their domicile or habitual residence of urban residents per capita disposable income of rural residents by the court of appeal or higher than the standards, compensation for death can be calculated in accordance with the relevant standard of its domicile or habitual residence. Be related dependency calculation of the cost of living standards, determined in accordance with the principles. Three, alimony. Was dependent people living under the support degree of loss of working ability, according to by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents consumption expenditure per capita standard of living.Dependents were known to be minors, to eighteen years of age; dependents no working ability and no other source of income, the calculation of twenty years.But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. Dependency is defined as being the victim should bear the support obligation in accordance with the law of minors or disabled and no other adult living near relatives.Be dependent of other dependents, the compensation obligor shall bear the expenses for compensation according to law. Only part of the.Several people were dependent, the total amount of annual compensation does not exceed the previous year of urban residents per capita consumption expenditures or rural residents per capita living consumption expenditure. Four, mental injury solatium. The victim or his close relatives suffered mental damage, compensation for the right to the people's court for compensation for mental damage solatium, apply "the Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility" to determine the interpretation. At present no specific amount, by judge according to the trial practice of discretion. Five, other expenses. Relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs.