How does the insurance company pay for the accident?
In recent years, death cases caused by traffic accidents have occurred frequently, and how insurance companies compensate has become a hot topic of social concern. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide a detailed analysis of the insurance company's compensation process, standards and related precautions after a collision and death.
1. Basic process of compensation for death caused by traffic accidents
When a traffic accident results in death, the insurance company's compensation process usually includes the following steps:
| steps | content |
|---|---|
| 1. Report a crime | After an accident occurs, you must report it to the insurance company and the traffic police department as soon as possible. |
| 2. Responsibility identification | The traffic police department issues a traffic accident liability determination letter clarifying the division of responsibilities. |
| 3. Claim application | The deceased’s family or responsible party submits claim materials to the insurance company. |
| 4. Review claims | The insurance company determines the amount of compensation based on liability determination and material review. |
| 5. Payment of compensation | The insurance company pays compensation to the family of the deceased. |
2. Compensation standard and amount calculation
According to the Road Traffic Safety Law and the Insurance Law, compensation for death caused by traffic accidents mainly includes the following items:
| Compensation items | Calculation method | Remarks |
|---|---|---|
| death benefit | Per capita disposable income of urban residents in the previous year × 20 years | For every additional year of age over 60 years old, the age decreases by one year. |
| funeral expenses | Average monthly salary of employees in the previous year × 6 months | Unified standards |
| Dependent’s living expenses | Calculated based on age and income of dependents | Minors are counted until they are 18 years old |
| Mental damage solatium | Usually 50,000-100,000 yuan | Adjust according to regional differences |
3. Limits of insurance company compensation
Different insurance types have different compensation limits. The following are the compensation ranges of common types of insurance:
| Insurance type | Limit of compensation | Remarks |
|---|---|---|
| Compulsory traffic insurance | Death and disability compensation limit is 180,000 yuan | Forced purchase without any liability |
| Commercial third party liability insurance | According to the insured amount (usually 500,000-2 million) | Compensation based on liability ratio |
| Excluding deductible insurance | Cover the deductible part | Requires additional purchase |
4. Precautions
1.Report the case promptly: The accident must be reported to the insurance company within 48 hours after the accident occurs, otherwise it may affect the claim settlement.
2.Responsibility determination: The liability determination letter issued by the traffic police is an important basis for claim settlement and must be properly kept.
3.Material preparation: When making a claim, you need to provide death certificate, household registration cancellation certificate, kinship certificate and other materials.
4.Negotiation and mediation: If the amount of compensation cannot be reached, you can apply for traffic police mediation or file a lawsuit in court.
5.criminal liability: If the perpetrator bears primary or full responsibility, it may constitute a crime of traffic accident and must bear criminal liability.
5. Latest hot cases
According to recent traffic accident cases that have been hotly discussed on the Internet, the following are several typical compensation situations:
| Case | Division of responsibilities | Amount of compensation |
|---|---|---|
| Truck accident in a certain place killed 2 people | Full truck responsibility | Compulsory traffic insurance + commercial insurance total compensation of 1.5 million yuan |
| Electric car ran red light and was hit and killed | Electric vehicle owner responsibilities | The other party’s compulsory traffic insurance compensation is 110,000 yuan |
| Drunk driving in luxury car kills pedestrian | Full liability for drunk driving | The insurance company refuses to pay, and the individual bears all the compensation |
To sum up, compensation for death caused by traffic accidents involves many legal provisions and insurance clauses. It is recommended that car owners fully understand the coverage when purchasing insurance and abide by traffic rules to avoid tragedies.
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