Compensation for traffic accidents: calculating compensation according to the law

Question:

In fact, for non-serious accidents, the parties can arrange the compensation by themselves without the need to be resolved by the competent force.

For complicated traffic accidents, then the police force stood up to solve, made a report on the scene and then brought the means of transport to the headquarters, recording the statements of the parties. After that, the police force will carry out compensation procedures between the two parties. Exactly how much is the compensation? On what basis to calculate compensation levels? Each accident has a different level of compensation, how much is the hard level leading to such a different trait?

* Fault of the aggrieved party

When the accident occurs at the fault of the aggrieved party, the level of compensation is based on:

• Article 584 Civil Code 2015: The person causing damage is not responsible for compensating for damage in case the damage arising is entirely due to the fault of the aggrieved party.
• The law clearly stipulates what that means: When a traffic accident occurs, if the party causing the traffic accident is not at fault, there is no need to compensate at all.

For example:

• The two vehicles were moving normally, but the person who died was in the right lane (the main lane) and swerved into the lane for other vehicles. Such lane crossing causes an accident and then the person dies, and there is no compensation.

*The fault of the party causing the accident:

Divide into two situations.

• Compensation for fatal traffic accidents: Pursuant to Article 591 of the Civil Code 2015

1. The compensation for mental loss must not exceed one hundred times the base salary prescribed by the State. For example, currently the base salary that the State is applying is 1 million, the maximum compensation for mental loss does not exceed 100 million.
2. Other items: expenses for treatment before death, funeral expenses; The income of the person taking care of the patient before death; Alimony for persons for whom the deceased is obligated to support such as parents.
3. Of the two compensations, the amount of compensation for mental loss is fixed, the other expenses may fluctuate depending on the actual situation.

• Compensation in case of injury

1. Compensation for mental loss suffered by the injured person, if no agreement is reached, the highest level of compensation must not exceed 50 times the base salary that the state is paying.
2. Other fees include: medical expenses; income expenses for carers; actual income of the injured person during treatment.
3. Compensation is calculated by the sum of two compensations: compensation for mental loss and other fees.,

Both sides' fault

• In this case, the police agency will base on the actual situation and the most common provisions of the law to counter and reconcile the two parties in the most reasonable way. After that, the police agency will handle the violations of each party to also release the vehicles and return the vehicles of the two sides for circulation. Usually, mixed fault, the two parties will agree to resolve in the best direction.

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