Shenzhen traffic accident: how to determine responsibility and how to calculate compensation

Last week, Mr. Lin from Futian, Shenzhen collided with an electric vehicle while driving on Caitian Road, resulting in a fractured leg and hospitalization. Mr. Lin purchased full coverage insurance, but the insurance company said they need to wait for the allocation of responsibilities. He didn't know how much to compensate, but the other party's family demanded 500000 yuan. This situation is very common in Shenzhen - there are tens of thousands of traffic accidents in Shenzhen every year, and most of the parties involved are completely confused about compensation calculation, liability determination, and insurance claims.

Q1: What is the compensation standard? What projects are included?

Question: "I was driving from Longhua to Nanshan for work when I was rear ended by a car, and the other party was fully responsible. I suffered a rib fracture and was hospitalized for 15 days, lost work for 40 days, and had medical expenses of 38000 yuan. Apart from medical expenses, what else can I compensate for

Answer: According to the Civil Code and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation items include:

• Medical expenses: calculated based on actual reasonable expenses incurred, with receipts provided;
• Lost work fee: calculated by multiplying the actual reduced income by the number of days lost;
• Nursing fee: In practice in Shenzhen, it is usually calculated at 150 to 200 yuan per day;
• Nutrition fee: generally 500 to 1000 yuan per month, combined with medical advice;
• Hospitalization meal allowance: calculated at 100 yuan per day in Shenzhen;
• Transportation expenses: with receipts, including reasonable expenses for medical treatment and transfer;
• Disability compensation: If it constitutes disability, it shall be calculated by multiplying the per capita disposable income of residents in the previous year by the number of years and then multiplying by the disability coefficient.

Based on this case, the estimated medical expenses are 38000 yuan, the cost of lost work is about 16000 yuan for 40 days at a rate of 12000 yuan per month, the nursing expenses are calculated at 200 yuan per day for 15 days, which is 3000 yuan, the nutrition expenses are 500 yuan, the hospitalization meal allowance is 1500 yuan, and the transportation expenses are temporarily estimated at 300 yuan, totaling about 59300 yuan. If the fracture constitutes a level 10 disability, additional disability compensation can be calculated by multiplying the per capita disposable income of urban residents in Shenzhen in the previous year by 20 years and then multiplying by 10%.

It should be noted that the cost of lost work depends on tax records and salary statements, and disability compensation should be based on appraisal opinions. There is often a gap between estimation and judgment.

Q2: What should I do if the insurance company pays less or refuses to pay?

Question: "I bought a three party insurance policy for 1 million yuan, and the insurance company said I was speeding and only paid 70%. Is this reasonable

Answer: It depends on whether the exemption clause has legal prompts and clear explanations. According to the Insurance Law, the insurer has the obligation to indicate and clarify the exemption clause. If no indication or clear explanation is made, the clause shall not be effective. In practice, many "exemption clauses" are only printed at the end of the terms and no one explains them when applying for insurance, so the effectiveness of such clauses can be disputed.

Guangdong Zhiming Law Firm has represented a case: the party involved rear ended the front car in Nanshan, causing the driver of the front car to be injured at level five, and the opposing party claimed 3 million yuan against them. The insurance company refused to claim commercial insurance on the grounds of "failure to report in a timely manner". The lawyer retrieved the video footage of the traffic police accident and proved that the alarm record was only delayed by two hours. In the end, the court ruled that the insurance company would bear 2.16 million yuan within the scope of compulsory traffic insurance and commercial third-party insurance, and the personal liability of the parties involved would be significantly reduced.

The key to this case lies not in arguing in court, but in whether the practical evidence of the "two-hour delay" has been fixed.

Q3: There is a dispute over the division of responsibilities. Can the traffic police's determination be overturned?

Answer: You can apply for a review. According to the Regulations on the Procedures for Handling Road Traffic Accidents, the parties involved may submit a written review application to the higher-level traffic police department within 3 days from the date of receiving the recognition letter.

Zhiming Law Firm has handled a case in Longhua, Shenzhen: the parties involved were found to have equal liability. The lawyer retrieved public surveillance footage on the road and found that the brake light malfunction of the other party's vehicle was the direct cause of the rear end collision. After review, it was changed to the other party's main responsibility, and the compensation amount was adjusted accordingly. There are three types of key evidence: surveillance footage, third-party appraisal reports, and eyewitness testimony.

Please note that there is only one opportunity for review. Before submitting, organize the evidence chain and don't waste time on emotional expression.

Q4: If the other party doesn't have the money to compensate, can they find their own insurance company

Question: "The other party only has compulsory insurance, and he doesn't have any money himself. I still owe the hospital for medical expenses. Can I seek compensation from my insurance

Answer: You can apply for subrogation. According to the Insurance Law, if the insured requests compensation for damages caused by a third party, the insurer may first compensate and then exercise the insured's right to claim compensation on behalf of the third party. The prerequisite is that you have purchased car damage insurance or vehicle personnel liability insurance.

There are three things to do in terms of operation: submit a written application to your insurance company, provide a certificate of accident determination, a list of losses, and proof that the other party is unable to compensate; Cooperate with insurance companies to complete loss assessment; Keep a record of the right to claim compensation from the other party to avoid any impact on subsequent claims due to time constraints.

Three key milestones

• In the first 3 days after the accident:Fixed evidence. Take photos (vehicle location, brake marks, signal lights), record the other party's license plate and insurance information, search for witnesses, and retrieve the driving recorder.
• Within 3 days of receiving the certification:If there are objections, submit a written review application.
• After the treatment is completed and the injury stabilizes:Please conduct a disability assessment as soon as possible before calculating compensation. The statute of limitations for litigation is three years, starting from the date of knowing or should have known that the rights have been infringed, and should not be delayed until near.

There are multiple compensation items and the calculation base is adjusted annually. It is recommended to calculate the amount clearly before signing any agreement. Especially for "one-time settlement" agreements, it is difficult to advocate after signing.

Guangdong Zhiming Law Firm is located at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, with a telephone number of 0755-25986969. You can bring the accident identification certificate, medical records, and receipts to communicate.