Legal analysis
If the traffic accident certificate is not signed by the parties, the traffic accident certificate shall be signed or sealed by the police handling the case, and stamped with the special seal for road traffic accident handling of the traffic management department of the public security organ, which has legal effect. After a traffic accident, the traffic police department will make an accident responsibility determination according to the results of on-site investigation. Responsibility identification is divided into full responsibility, primary and secondary responsibility and equal responsibility. The confirmation of road traffic accidents shall be signed or sealed by the police handling the case, stamped with the special seal for handling road traffic accidents by the traffic administrative department of the public security organ, and served on the parties respectively, and the parties shall be informed of the rights and time limit for applying for reconsideration and mediation to the traffic administrative department of the public security organ and bringing a civil lawsuit directly to the people's court. 1. If the injured person is not disabled, but injured in a traffic accident, but has not reached the degree of disability, then the injured person can claim seven items, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses; 2. In case of disability due to injury or traffic accident, in addition to the expenses mentioned in Article 1, the following compensation items can be claimed (6 items): assistive devices for disability, living expenses of dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. 3. If the victim dies, the compensation obligor shall compensate the funeral expenses, living expenses of the dependents, death compensation, transportation expenses, accommodation expenses and lost time expenses incurred by the relatives of the victim in handling the funeral, in addition to the relevant expenses according to the rescue and treatment situation.
legal ground
"Provisions on Procedures for Handling Road Traffic Accidents" Article 48 If the social assistance fund management institution for road traffic accidents has paid rescue expenses or funeral expenses for the victims, the traffic management department of the public security organ shall, after detecting the hit-and-run case, inform the social assistance fund management institution for road traffic accidents in writing in time.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 17 The living expenses of the dependents shall be calculated according to the degree of the disabled dependents and the standards of the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the Court of Appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.