Traffic accident damage compensation insurance companies should review the case project
Created:
/Author:
Aaron Lewis
Traffic accident damage compensation insurance companies should review the project case
Note: my agent insurance company for trial, provide the following items, for in practice to meet the needs of evidence.
The first part
A book, a traffic accident responsibility cognizance 1, traffic accident responsibility confirmation is "immutable and frozen" The Supreme Court of Jiangsu Province, Jiangsu Province Public Security Bureau Su Supreme Court No. [2005]282 "on the treatment of traffic accident damage compensation cases relating to issue guidance" 14 stipulates: "the production of traffic control department of the public security organ of the traffic accident is an important material evidence, the people's court to bear the civil liability for compensation or determine the victim one party is at fault the.The examination of the people's court that traffic accident is improper, it shall not be accepted by the people's court, as the facts of the case as the basis for decision. The Nanjing City Intermediate People's court people a court "on hearing the traffic accident damage compensation issues related to the case guidance" the thirty-seventh stipulation: "the traffic control department of the public security organ is a administrative department to deal with traffic accidents, the accident responsibility identification conclusion is made by the people's court cases of disputes over compensation for traffic accident determine important physical evidence of civil liability there is not enough evidence to the contrary, such as, should recognize its effectiveness.The people's court for the accident responsibility identification conclusion objection, can exchange views with the traffic control department of the public security organ shall be determined after the civil liability for compensation." Therefore, can be seen from the above provisions issued by the public security traffic police department "traffic accident responsibility book", is not the only basis for people's court to determine the liability, if the parties to the case in the court's proof period can be provided to the court evidence enough to overthrow the opposite according to the responsibility confirmation of the premise, the court can be re traffic accident responsibility identification according to the hearing of facts (though, in the judicial practice of re recognition of the situation is relatively rare). 2, on the basis of liability according to what proportion compensation Combined with the current judicial practice, most of the basic people's courts try cross strong insurance, individual places (such as Anhui Province, Henan province) cross strong insurance and commercial insurance combined hearing.Therefore, it is necessary to pay attention to the commercial vehicle insurance terms.The commercial vehicle insurance terms "provisions: liability insurance on the basis of the insurance vehicle drivers are negative in the accident ratio, the corresponding liability", apparently, liability ratio and the responsibility of the insurance company accident drivers are negative in traffic accident bear are closely linked. At present, the Jiangsu High Court on traffic accidents between motor vehicles, the traffic control department of the public security organ of the traffic accident responsibility identification and refer to the following respective ratio between commitment to determine the liability for traffic accident parties: 1, take full responsibility, liability for compensation 100%; 2, the primary responsibility, liability for compensation 70%; 3, bear equal responsibility, liability for compensation 50%; 4, negative secondary responsibility, liability for compensation 30%; 5, no responsibility, not to undertake the compensation responsibility; 6, which belongs to the traffic accident, the parties have no responsibility, should be based on the "general rules of the civil law" and "Regulations of judicial interpretation of personal injury compensation", depending on the specific circumstances to determine the compensation responsibility for both; 7, to fail to identify accident responsibility, liability parties bear 50%. For traffic accidents between motor vehicles and non motor vehicles, pedestrians, prescribed by the motor vehicle party shall bear the responsibility for compensation; however, there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws, regulations, motor vehicle drivers have to take the necessary measures, should be in accordance with the following scale reduce the liability of motor vehicles ("Jiangsu province road traffic safety regulations," article fifty-second): A)
non motor vehicle, pedestrian negative full responsibility for the accident, reduce 80% to; B)
non motor vehicle, pedestrian negative main responsibility for the accident, reduce 60% to; C)
non motor vehicles, pedestrians equal responsibility for the negative incidents, reduce 30% to D)
non motor vehicle, pedestrian accidents negative secondary responsibility, reduce 20% to; The traffic accident belongs to all parties, no liability or cannot be found responsible for the accident, the vehicle by the party to assume full liability. In conclusion, given the responsibility of motor vehicles in traffic accidents, the negative size and the amount of compensation is closely related to the processing of claims, business or agency case, the traffic accident responsibility confirmation of the facts, to determine the responsibility of the authenticity, legitimacy should first review, can take the initiative to ask those responsible for the accident the responsibility confirmation opinions, such as the perpetrators of responsibility confirmation that fact, determine the responsibility has objection, should be timely to collect enough to overthrow the confirmation that fact eyewitness testimony and other evidence, combined with the Ministry of public security "traffic accident handling procedures", "traffic accident investigation and survey the site" review, accident investigation record, the scene of the accident, accident photographs and other evidence is flawless, promptly brought to the court to identify accident responsibility, when necessary, request the court to obtain police all the files. Two, pay attention to the plaintiff to provide disability identification of calligraphy law effectiveness If the authentication institutions 1, review the disability identification book has the qualification of legal. Identification of institutions such as the disability identification book does not have the qualification of legal, the identification of the book has no legal effect. The current court practice is: for the public security departments in the accident treatment, were identified in accordance with the terms of the formation of the disability rating conclusion, if the appraisal organ has no legitimacy in the identification procedure, the court shall not accept the evidence, shall be made by the parties to apply for identification of claim.But the parties to public security organs identification recognition, can according to the confirmed consistent fact as the court based on facts. According to the Jiangsu Provincial Department of justice Bulletin (such as Nanjing), Public Security Bureau forensic identification center since 2005 October, have nothing to do with the qualification of legal. Therefore, for the disabled appraisal report issued by the Public Security Bureau forensic identification center, insurance agents can apply to the court for re identification, or request the court to appoint a legally qualified institutions to identification (in addition, if the disability appraisal report issued by the Public Security Bureau forensic center through our medical expert, thinks that in line with the actual situation, the agent can identity). 2, review the certification issued by the program is flawless?Whether by the court commissioned the identification?In the identification, the medical records, production report and other data are delivered by the defendant whether quality certification accreditation?Identification of personnel have the qualification?Conclusion the appraisal certificate issued by the facts whether the injured all medical records? 3, combining the medical injury record, refer to the "injured in road traffic accident assessment" standards and other related information, identification of the conclusions of the review of the injured injury identification are obviously lack of evidence? Note book, identification of some local people lover for interference is relatively large (such as Pizhou), according to the the specific circumstances, the trial request re identification. Three, pay attention to the injured, the urban and rural residents status review questions Abolished "road traffic measures" will be the victim is divided into "non agriculture population", "agricultural population", the Supreme People's court "in May 1, 2004 the implementation of several issues concerning the application of law in the trial of personal injury compensation case explanation", the per capita disposable income of urban residents, rural residents per capita net income difference between urban and rural residents of the standard of compensation. In 2006 April, a division of the Supreme Court of Yunnan residents reply: personal injury compensation cases, disability compensation, death compensation and raised calculation of the cost of living, should be based on the actual situation in the case of a combination of factors, the domicile, habitual residence, to determine the general per capita disposable income of urban residents (per capita consumption expenditure), the per capita net income of rural residents (living consumption expenditure per capita) standard. "Urban residents" does not mean "non agriculture population", the broader concept.Broadly speaking, "urban residents" may include: (1) the non agriculture population; (2) self rations account, Blue India accounts, local urban residents account (the Ministry of public security "on the reform of small towns household registration management system views" provides that: self rations account, Blue India accounts, where account shall be registered as urban residents the household); (3) migrant workers reached a certain period (clear income, fixed residence, more than one year) personnel. In 2005 September, the Supreme Court of Jiangsu Province issued "on Several Issues concerning the trial of cases of Civil Lawsuit Collateral opinion (Trial)", which states: "Hukou is agricultural registered permanent residence, but in the towns of learning, life, living for more than a year, shall be regarded as urban residents.". In 2007 September, the Supreme Court of Jiangsu province by 'opinions' on providing judicial service and guarantee fourteenth provides for the construction of Socialist New Countryside: "although it is agricultural registered permanent residence, but in urban work, learning, life, business, living victims, should think the habitual residence and the main source of income for the city, the cost of damage compensation should be calculated in accordance with the standard of city residents."This is a concealed went: "one year" time requirements, and the applicable scope to further clarify the. Usually in the judicial practice in any of the following circumstances, the court will leniency master, identified as urban residents: (1) due to the implementation of the reform of the household registration system and cannot determine whether the accounts for agriculture; (2) although it is agricultural registered permanent residence, but its contracted land has been requisitioned by the state; (3) although it is agricultural registered permanent residence, but in the urban living, studying or working for a year or more. Be careful. 1, determine whether it is in the urban living, working or studying, general requirements the following evidence of one or several: a temporary residence permit, urban housing property rights permit or lease contract, school student card or proof of student status, work unit or the employer (including hiring a nanny employer) proof etc.. 2, special remind, individual areas of Jiangsu province (such as Changzhou) no longer distinguish between urban and rural residents (Changzhou City Intermediate People's court in 2005 67 document).
Four, pay attention to the plaintiff agents evidence review in the course of testimony In the trial, the agent can be applied to the Supreme People's court "on the civil procedure rules of evidence" relating to "evidence shall be presented in court, cross examination by the parties.Without evidence, the provisions can not be used as the basis to determine the case facts ", the plaintiff to provide evidence, the evidence of the authenticity, legitimacy, relevance of three aspects of the review, the evidence and prove that no force, were questioned, and rebuttal.On the plaintiff to provide documentary evidence, material evidence, audiovisual materials processing, has the right to require the plaintiff show evidence of the original or original.If unable to provide the original, the original, can't be used as evidence. Materials five, other claims review and collect directory 1, the insured double certificate (license within the period of validity for inspection, the proof of physical condition, quasi driving type is consistent; certificate inspection date running in the insurance period); 2, policy or take a single, determine the accident during the period of this insurance; check the engine and chassis number; 3, whether a violation or in accordance with the exemptions of commercial insurance clause; 4, drug use (formal invoice) invoice; 5, certificate of diagnosis; 6, the discharge summary; 7, to identify the book; 8, that delays (business license, labor contract, payroll, leave without proof); 9, proof of residence (hukou book, temporary residence permits, endowment insurance and medical insurance card, the other can prove the standard of evidence); 10, dependents, to prove the relationship between dependent no working ability and no other source of income, the degree of disability for evidence; 11, disability equipment costs (universal); 12, transportation costs and property loss basis;
The second part
Details are as follows: 1, the medical expenses (please review with Corporation medical audit practice) Medical expenses include the registration fee, examination fee, examination fee, operation fee, cost of treatment, hospitalization expenses and the expenses and other costs, these costs is established should be combined with medical history and diagnosis and other related evidence to prove, pay attention to check the following three aspects: A examination of medical fees, whether for the treatment of traffic accident damage costs.The wounded to buy and injury related medical costs such as the treatment of another inherent disease, does not belong to the scope of compensation.Belongs to the medical unit has been in reimbursement, also should not be included in the scope of compensation. B, examination of medical fees amount to the court of first instance, before the end of the debate to determine the actual amount.Organ function recovery, rehabilitation training fee must appropriate plastic surgery and other follow-up treatment costs, can be the actual occurrence be prosecuted.But the inevitable is determined according to the medical certificate or identification of the conclusions of the cost, has happened with the medical expenses together with compensation. C, on the specific cost examination of medical expenses: (1) in general should be a local hospital to hospital for treatment, the field should be necessary, and must be approved by the local hospital, without consent unauthorized transfers are generally not compensation. (2) medical expenses must be treatment of injury or damage caused by the disease expenses, treatment and trauma related medical costs, no compensation. (3) the parties in the treatment outside the hospital medical, pharmaceutical units to buy drugs, must is really necessary, and should be approved after hospital treatment, the treatment must be privately purchased not drugs without compensation. (4) review of inpatient hospitalization expenses, the premise is limited to injuries requiring hospitalization to determine the severity and operation treatment, the high-grade ward, should according to the general ward cost calculation.(5) examination, diagnosis and examination fees shall examine whether there is repeated inspection and high inspection conditions. (6) the follow-up treatment costs is needed again the cost of treatment or not to restore the future costs, shall be issued a certificate issued by the appraisal conclusion to medical institutions and effective or related appraisal institutions shall prevail. (7) an insurance contract is only limited to the scope of medical expenses of medical insurance, the contract shall be interpreted as reasonable medical expenses.The insurance company for the medical expense rationality review, shall review determined.For the medical expense rationality were identified according to the agreement, the court may hire a forensic audit of the parties, the audit conclusion can be adopted as the expert testimony, the parties for the forensic examination opinions exist different views, can apply for the forensic identification. 2, delays cost review: Lost wages system injured by injured in a traffic accident can not participate in the work or labor, which can not be or reduced income part of the cost.Delays cost much according to the victim's loss of working time to determine the time and income. The delay time according to the diagnosis of diseases of sick leave issued by medical institutions for treatment of proof to determine the victims, victims of injury sustained the loss, the day before the day of residual disability identification issued by the delay time can be calculated to a legally qualified institutions.Here should be noted that the disease diagnosis of sick leave issued by medical institutions for treatment of proof must be stamped with the treatment of medical hospital official seal and non dedicated seal Department, without the medical hospital doctor signature seal only sick leave, do not have legitimacy, not as the delay time of the evidence.At the same time, the agent accept disease diagnosis sick leave issued by the medical treatment of proof in the review, can according to the actual position of injured by the Ministry of Public Security issued the "injured in road traffic accident assessment", "personal injury personnel working time loss evaluation criteria" provisions, determine the delay period is no more than the normal standard in judicial practice, because often appears the doctor according to patient requirements at the issue of long-term sick leave. Victims of a fixed income, loss of working time cost is calculated according to the actual reduction in income.In judicial practice, judges usually requires the plaintiff usually issued before the accident three months salary list, after that accident treatment delays income reduced, after the accident the wage list, and related tax list, the above evidence shall be stamped with the unit official seal, to review the actual loss.If the average wages of staff and workers of three former provided by the plaintiff. Monthly salary list is far greater than the salary of the industry, it may also require further provide monthly tax certificate, to review the evidence authenticity. Victims of non fixed income, have relevant units such as neighborhood offices, Township People's government or the relevant document proof, engaged in some work in the traffic before the accident, the income can maintain their daily life, including urban and rural individual industrial and commercial households, family, labor service personnel, the loss of cost compensation can refer to the victims of the recent three years average income or by the seat of the court the same industry, same job, the same labor on an annual average wages of staff and workers calculation. Victims of non labor income and payment delay compensation, no compensation. In compensation for delay costs, should also be clear the following points: (1) to have the damage caused can not work normally or labor results. (2) should be clearly after injury still lose labor ability or temporarily in the mediation before the permanent loss of working capacity loss of time. (3) in the second occupation according to law, laid back, unpaid leave, retirement income should also be compensation for the actual reduction. (4) by the seat of the court the same or similar industry last year the average wage of workers can refer to Jiangsu Province Bureau of statistics provided by the "Jiangsu province fine industry average wage of workers" to determine the table. (5) the family farmers, women can be regarded as a non fixed income at. 3, how to calculate the disability compensation Disability compensation payments, according to the loss of ability to work the degree or level of disability, in accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita net income of rural residents standards or disability, the date 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. The specific calculation formula for: (1) the victim at the age of 60 Disability compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents 20 years or * * disability compensation index (2) the victim in the 60-74 years old Disability compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents [20 years - or * (the actual age -60)] × disability compensation index (3) the victim at the age of 75 Disability compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents 5 years or * * disability compensation index Injured in road traffic accident assessment standards to the disabled degree of loss of working capability is divided into ten levels, each level to 10% the proportion of decreasing as the compensation coefficient.Such as the level of disability compensation in full, two level disability, disability compensation for the 90% day. Attached: disability grade and compensation index contrast list Disability compensation index of the degree of loss of working ability Level 100% is completely lost Two stage 90% completely lost Three stage 80% completely lost Four stage 70% completely lost Five level 60%
should consider whether the victim income decrease, due to disability, determine the degree of loss of working capability Six level 50% Seven level 40% Eight level 30% Nine level 20% Ten level 10% Guidance stipulates that the thirty-first Supreme Court of Jiangsu Province, Jiangsu Province Public Security Bureau Su Supreme Court No. [2005]282 issues about the treatment of traffic accident damage compensate case: "in determining the amount of compensation in the case of compensation for traffic accident damage, the people's court and the traffic management departments of public security organs should adopt the" Jiangsu Provincial Bureau of statistics on the national economic and social development statistical bulletin "in the last year, the relevant statistical data.The same statistical year, related statistical data, no adjustment. Many victims injured in the traffic accident, identify institution consisting of two or more disability grade, the people's court may appropriately increase at the highest level, the increase does not exceed the level. The identification of medical institutions or agencies that the parties need operation for two times, two times in the operation, as the treatment is not completely ended, the grade of disability identification and compensation for disability related costs, are generally not supported. 4, how to calculate the dependants living expenses: The traffic accident causing death or loss of ability to work, shall be given by the actual raising people's living, living expenses for dependents according to their degree of loss of working capability, according to by the seat of the court last year of urban residents can be consumer spending and consumption expenditure of rural residents per capita standard calculation.The calculation for minors was raised to 18 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. Dependents refers to the victim shall bear the obligation of minors or disabled and no other adult living relatives in accordance with the law.Dependents and other dependents, the obligation of reparation only compensate the victim shall bear part of the law.Number of dependent people, the total annual compensation does not exceed the total last year of urban residents per capita consumption expenditure or rural residents per capita living consumption expenditure. Specific calculation formula is as follows: (1) dependents under 18 years old Dependent people living versus by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents per capita living expenditure * (18- dependent actual age)], the number of dependents to bear the obligation to support * disability compensation index (Note: if the victim dies, does not need to be multiplied by the disabled compensation index). (2) was raised in 18-60 year old between Dependent people living = (by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents per capita living expenditure × 20 years) divided by the number of dependents to bear the obligation to support * disability compensation index (passenger with disability compensation index does not need to note: if the victim dies,). (3) the dependency between 60-74 years of age Dependent people living versus by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents per capita living expenditure * [20- (raised people's actual age -60 years) divided by the number of dependents and assume the obligation to support * disability compensation index (Note: if the victim dies, does not need to be multiplied by the disability compensation index). (4) dependents in more than 75 years of age Dependent people living = (by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents per capita living expenditure × 5 years) divided by the number of dependents to bear the obligation to support * disability compensation index (passenger with disability compensation index does not need to note: if the victim dies,). In compensation for dependents living time, often involving the following questions: (1) note correctly identified the loss of ability to work are dependent, "disability" should be limited because of age or physical, mental limitations and do not perform the necessary production, business activities, and no other sources of income, generally speaking, that is not able to feed themselves, and must be the deceased or disabled disabled people shall be raised before the.To have no ability to work, but there are other sources of economic man, nor shall indemnify the deceased was dependent for living expenses. (2) as in the victim after the loss of the source of livelihood or were born in the victim suffers after children, such as the perpetrators to pay the necessary living expenses, shall support. (3) dependents in addition to victim support, there are other people who can only compensate the victim, the corresponding share in accordance with the law should bear. (4) after the accident to be dependent compensation before death, no compensation was dependent for living expenses. (5) more than the statutory retirement age (male 60 / female 55 years old) farmers as a "lost the ability to work and have no other adult living near relatives look". 5, how to calculate the compensation for death? A, death proof form: (1) the traffic accident report Methods: the traffic police department to ask for "the traffic accident report". • (2) medical death certificates Methods: if in the hospital dies, hospital medical death certificates issued by the "residents", to apply for die insurance must be provided for this document. • (3) public security proof of death Methods: if at home to die, the public security organ may verify the cause of death (such as Dutch act, suicide, accidental death, natural death).The public security organs will be issued "certificate of death", to apply for die insurance must be provided for this document. • (4) accounts proof Methods: after the death of the residents must be relative to the residence to the police station for accounts, accounts will be issued by the police station after "accounts proof", and the "off" or "death" chapter in the bank account. (5) declared the death certificate Methods: due to missing and presumed the insured "death" of the case, can the insured "death" to the local court, the court announcement and the law after waiting period, the court will make a "Declaration of death sentence". Because the traffic accident death, the legal heir shall pay in accordance with the law of succession of the deceased or enjoy a certain amount of people the right of inheritance of the 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. B, death compensation calculation formula of gold: (1) the victim at the age of 60 Death compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents by 20 years or (2) at 60 years of age between -74 years old Death compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents (20 years * or "death of actual age -60]) (3) the above 75 years old Death compensation = by the seat of the court last year of urban residents per capita disposable income of rural residents by 5 years or C, in practice we should pay attention to the problem: (1) the death compensation shall be the heir to receive. (2) the accident severity to the front the diseases and diseases, will not affect the indemnity. 6, how to calculate the disability AIDS fees? Disability compensation of disability need to configure the device costs that disability AIDS fees.Standard of compensation in accordance with the reasonable expenses standard of common and applicable appliance. In compensation for disability equipment should pay attention to the following issues: (1) distinguish deformity appliance or disability alternative organ decorations, deformity appliance is to compensate the disabled configuration because of injury, loss of function and defect, its purpose is to use for the disabled, is essential to life, such as the use of vehicle, a crutch to help the disabled to walk, the use of hearing aids to help disabled people to listen. The voice of the outside.The main use of disability substitute tool accessories is the disability to false appearance, true, with modifications, such as hair, eyes are to a beautiful appearance, therefore, for disability equipment costs should be full compensation, and to substitute organ decoration costs should be considered as appropriate according to the actual situation. (2) equipment costs of disability compensation should be in accordance with the reasonable expenses of common instruments. (3) configured deformity appliance for the purpose of practical use, not suitable for disabled instruments used to not advisable. 7, how to calculate the funeral expenses? Funeral expenses is the family of the deceased to bury the dead and necessary expenses incurred, including corpse fees, fees, the purchase of ordinary spark cinerary casket expenses, funeral expenses in accordance with the seat of the court on appeal by an annual average wages of staff and workers, to a total of six months. 8, how to calculate the cost of transportation The transportation fee based on the victim and the accompanying staff because of the necessary medical treatment or transfer of the actual treatment costs.Transport fares should be based on a formal paper for; relevant credentials should be consistent with the location for medical treatment, time, number, number. Such as the bill more than the number of visits, should be based on actual medical visits and hospital number, identification, time discrepancies notes should not compensation. 9, how to calculate the nursing fee? Nursing fee is determined according to the income situation and the number of nursing, nursing period. Nurses have the income, in accordance with the provisions of the delay costs. Nurses have no income or employment of workers, according to the local nursing care workers engaged in the same level of care and labor remuneration calculation. Nursing staff in principle for a person, the identification of medical institutions or agencies have a clear opinion, you can reference to determine the number of nursing staff. "Local" scope: the municipality area according to the provincial city standards, the county (county-level city) by county (county-level city) (standard.Unable to prove workers remuneration of labor standards, reference may be made to the local bureau of Statistics "Division staff fine industry average wage table" in the "residential service industry" standards. The nursing period shall be calculated into the victim recovery of self-care ability.The victim can not be restored due to a disability life self-care ability, can determine the reasonable nursing period according to the factors of age, health status, but not longer than twenty years. Residues after the victim care, care should be in accordance with its dependence in combination with the configuration of the case of disability aids to determine the level of care. On the plaintiff does not meet the requirements of nursing period is too long, the agent may apply to the court, requesting the court entrusted with the statutory qualifications identification mechanism. This period, the number of nursing care. 10, how to calculate the hospital food subsidies? Hospital food subsidies can food subsidy standards refer to the local state organs, the general staff of the mission to determine.Standard daily in Jiangsu province was calculated by 15--18 element. 11, nutritional expenses According to the nutritional costs of disability with reference to the views of medical institutions to determine. The damages of 12, mental suffering 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 "Supreme People's Court on the compensation issues of civil torts interpretation" to be determined. In judicial practice, the traffic accident case, constitute a disability or death of the victim, the injured or deceased heir may advocate the spirit of the solatium.