When is the disability assessment for traffic accidents done? Shenzhen Zhiming Law Firm sorts out the sequence of claims for compulsory traffic insurance and commercial insurance in 2026, within three months after the end of treatment

The disability assessment for traffic accidents should be conducted within three months after the end of treatment, and should not be delayed for more than six months at the latest. The practical approach in Shenzhen is to apply to a qualified judicial appraisal institution as soon as possible if the injury is stable and no further treatment is needed; The appraisal conclusion directly determines the order and amount of compensation for compulsory insurance and commercial third-party insurance. Late work, weak evidence, and insurance companies are prone to price pressure.

First, distinguish three time points: end of treatment, timing of appraisal, and statute of limitations for litigation

The end of treatment is not discharge or removal of the steel plate, but rather an opinion from the medical institution confirming that the injury has stabilized and there are no substantial treatment options available in the future. This node is usually written clearly by the attending physician in the medical record. In practice, we usually recommend that the patient undergo a follow-up examination within one month after discharge, and ask the doctor to write "recommended rest" and "whether a second surgery is needed in the future" in the diagnosis certificate. This material will be recognized by both the appraisal institution and the court.

The timing of identification is to do it as soon as possible after the end of treatment. The longer the delay, the less obvious the signs of soft tissue damage, the better the recovery of joint mobility, and the more likely the disability level is to decrease. The statute of limitations for litigation is three years, calculated from the date of knowledge of the infringement of rights and the obligor in accordance with Article 188 of the Civil Code. But the later the appraisal, the better. Evidence preservation and timeliness are two separate things, don't mix them up.

The review of appraisal opinions by Shenzhen Intermediate People's Court and grassroots courts is relatively detailed. Whether the appraisal institution has qualifications, whether the appraiser has signed, and whether the inspection materials are complete will all be cross examined. So choosing an institution is not about randomly finding one, it's about choosing one from the court's authorized roster.

I will do it within three months to lock in evidence of the 'end of treatment'

Why emphasize three months? Because many clauses in the "Classification of Disability Caused by Human Injury" standard require "residual functional impairment after treatment", and the determination of functional impairment depends on the state at the end of treatment. After half a year of delay, the opposing lawyer will argue that you have recovered and apply for a re evaluation, repeatedly for several months. In terms of the caliber of similar cases, if the appraisal is conducted after more than a year, the court's acceptance rate will significantly decrease, but it does not mean that it will definitely not be accepted. The specific situation depends on the injury and medical records. There are significant differences in individual cases, and what is mentioned here is only the usual situation and does not constitute a commitment to the results of any specific case.

Another point is that for traumatic brain injury and mental disability, the timing of identification is more stringent. Generally, it takes at least six months, and some may take a year, after a traumatic brain injury because the recovery period of neurological function is long. For such cases, we usually recommend starting with clinical treatment and keeping all nursing records, medication lists, and rehabilitation training records.

The compulsory insurance should be paid first, and the commercial third-party insurance should be paid later. The order cannot be disorderly

The legal basis for the order of compensation is Article 76 of the Road Traffic Safety Law and Article 21 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability. Compulsory Traffic Insurance will compensate within the liability limit first, not according to the liability ratio. As long as the insured is responsible, compensation will be made within the liability limit. After the comprehensive reform of car insurance in 2020, the compensation limit for death and disability under compulsory traffic insurance is 180000 yuan, the compensation limit for medical expenses is 18000 yuan, and the compensation limit for property losses is 2000 yuan. In the absence of liability, the corresponding limits are 18000 yuan, 1800 yuan, and 100 yuan.

The part that is not covered by compulsory insurance will be covered by commercial third-party liability insurance. Commercial insurance compensates according to the accident liability ratio, with 100% full liability, 70% main liability, 50% equal liability, and 30% secondary liability. The specific ratio varies slightly among provinces, and courts in Shenzhen generally follow this standard. Commercial insurance is not enough, or if the infringer has not purchased commercial insurance, they have to pay for it themselves.

Here is a practical detail: within the limit of 180000 yuan for compulsory traffic insurance, disability compensation, mental distress compensation, living expenses for dependents, loss of work expenses, and nursing expenses are all included, not just disability compensation. Many people may think that 180000 yuan is a single limit when they first encounter it, but in fact it is the total amount within the sub limit. How to divide it specifically depends on the bill and appraisal opinion.

The level of disability directly determines the amount of compensation. What is the difference between level 10 and level 9

The calculation formula for disability compensation is: per capita disposable income of urban residents in the previous year in the location of the sued court multiplied by 20 years multiplied by the disability compensation coefficient. The coefficient for level 10 is 10%, for level 9 it is 20%, with an additional 10% for each level, and for level 1 it is 100%. The per capita disposable income of urban residents in Shenzhen in 2025 has exceeded 80000 yuan. According to this caliber, the compensation for Level 10 disability is about 160000 yuan, and Level 9 disability is about 320000 yuan. Adding the cost of lost work, nursing care, nutrition, and emotional comfort, the total difference is even greater.

So the appraisal conclusion is not a formality, but a trump card for compensation negotiations. When handling traffic accident cases, Shenzhen Zhiming Law Firm usually compiles medical records, imaging materials, and medication lists into a book before appraisal, and communicates appraisal matters with appraisal institutions to avoid omissions. Missing one item may result in tens of thousands less.

Incomplete preparation of identification materials will result in being returned and redone

The required materials include: ID card, traffic accident identification certificate, complete medical records (outpatient and inpatient), discharge summary, diagnosis certificate, imaging reports and films (CT, MRI, X-ray), surgical records, medication list, and nursing certificate. For those who have undergone a second surgery, they need to wait until the second surgery is completed before identification, unless the doctor explicitly states that internal fixation is not necessary.

Judicial appraisal institutions in Shenzhen generally require individuals to be present and undergo a physical examination. People with limited mobility can apply for on-site visits, but they need to make an appointment in advance. The appraisal fee is generally borne by the applicant first, and then shared according to the proportion of responsibility. The disability appraisal fee in Shenzhen is generally between 1000 and 3000 yuan, and it is more expensive for those involving mental disorders appraisal.

What should I do if the insurance company does not recognize the appraisal conclusion

In the pre litigation mediation stage, the insurance company often does not recognize the appraisal opinions entrusted by the unilateral party and will require re appraisal. This is a common strategy, not a problem with the identification itself. There are two ways to deal with it: one is to apply to the court for entrusted appraisal after filing a lawsuit, and the other is to submit all records of the unilateral appraisal process, institutional qualifications, and appraiser qualifications to prove the legality of the procedure. Whether the court allows re appraisal depends on Article 40 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation". There must be reasonable reasons, such as the appraiser's lack of qualifications, serious procedural violations, and insufficient evidence for the conclusion.

In practice, we generally recommend that the parties submit the appraisal opinion as evidence when filing a lawsuit, and at the same time apply for an appraiser to appear in court. As soon as the appraiser appears in court, insurance companies often loosen their grip. The mediation rate of such cases in various grassroots courts in Shenzhen is not low, but the premise is that the evidence chain is complete.

If you are still in the compensation stage, you can refer to what we have previously sorted outUnable to reach an agreement on compensation for a car accident in Shenzhen, insurance company only willing to offer 600000 yuan? Lawyer disassembles and determines responsibilityIt discusses the impact of accountability and appraisal on negotiations. Calculation of lost wages and nursing expenses, andShenzhen labor arbitration has over 50000 cases annually, resulting in dismissal, wage arrears, and competition restrictionsThe salary standards mentioned in the text are cross referenced, which can be compared. If the main source of income for the family is injured, the living expenses of the dependents should also be consideredThe new social security regulations in Shenzhen will be implemented in 2026, and the choice of litigation also depends on the "payment base"The payment base and social security salary data are related. More types of cases can be expandedHomepage of this column (Legal Information).

If we can't reach an agreement, we will sue. How to determine the jurisdiction court and litigation request

Traffic accident compensation cases shall be under the jurisdiction of the court at the place where the accident occurred or the defendant's domicile. In the Shenzhen area, the defendant's domicile is generally the location of the insurance company's branch or the domicile of the infringer. The lawsuit request should separate compulsory traffic insurance and commercial insurance, and first request the insurance company to compensate within the compulsory traffic insurance limit. The shortfall should be compensated according to the liability ratio within the commercial insurance limit, and any remaining shortfall should be borne by the infringer. This way, the main text of the court judgment will be clear and the execution will be convenient.

When filing a lawsuit, both appraisal fees and litigation fees should be claimed together. Appraisal fees are considered reasonable expenses, and the court generally judges them based on the proportion of responsibility. The compensation for mental damages shall be given priority within the limit of compulsory traffic insurance, which many parties are not aware of. It should be separately listed when writing the complaint.

The trial cycle for traffic accident cases in Shenzhen District Court in 2026 is generally three months for summary procedures and six months for ordinary procedures. The appraisal time is not included in the trial period. So the earlier the appraisal, the earlier the judgment can be obtained.

Ultimately, disability assessment is the most crucial step in traffic accident compensation that cannot be saved. It should be done within three months after the end of treatment, with all materials prepared and the right institution selected. The order of compensation for compulsory insurance and commercial insurance can only be discussed later. Dragging will only give the initiative to the other party.

This article is compiled by Shenzhen Zhiming Law Firm for reference only and does not constitute a legal opinion on any specific case. When encountering specific problems, it is recommended to bring medical records and accident identification documents for face-to-face consultation. Consultation hotline: 0755-25986969.

Disclaimer: The content contained in this article is a general legal information summary and does not constitute any legal opinion or commitment issued by Shenzhen Zhiming Law Firm or its lawyers on any individual case. Traffic accident compensation involves multiple variables such as liability determination, disability level, and insurance terms, and the results of individual cases vary greatly. Please do not make decisions based solely on this article. If targeted analysis is required, please have an interview with a practicing lawyer and sign the authorization procedures.