70% of what the landlord said is reasonable according to the law.
It is suggested to find a lawyer as soon as possible and file a lawsuit to solve this matter.
It is difficult to get a reasonable answer and explanation when asking questions here:
1, involving many legal issues, unprofessional answers will only mislead you.
Professionals can't give you any answers because they haven't seen the relevant materials and evidence and haven't got to know the relevant personnel and departments.
I will give you some relevant laws and regulations for your reference. If you have any other questions, leave me a message and I will try my best to help you!
Traffic accident compensation amount calculation method
The scope and standard of traffic accident damage compensation refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and the statistical data of the previous year published by the local statistics bureau for mediation.
If a traffic accident occurs between motor vehicles, resulting in personal injury or property loss, mediation shall be conducted for all losses of the parties in accordance with the following principles:
(a) if the parties bear all the reasons, they shall bear the liability of 100%;
(two) if the parties bear the main responsibility, they shall bear 70% of the liability for compensation;
(3) If the parties are liable for the same reason, they shall be liable for 50% of the compensation;
(four) if the parties bear the responsibility for secondary causes, they shall bear 30% of the liability for compensation.
If a traffic accident occurs between a motor vehicle and a non-motor vehicle or pedestrian, resulting in personal injury or property loss, the insurance company shall make compensation within the limits of motor vehicle compulsory liability insurance (hereinafter referred to as third party insurance). For the part exceeding the third party insurance limit, the motor vehicle party who bears all the reasons shall bear the liability for compensation of all losses 100%.
If there is evidence that non-motor vehicles and pedestrians are at fault, the motor vehicle party shall determine the compensation ratio according to the following principles after bearing all its own losses:
(a) if the motor vehicle party bears the main responsibility, it shall bear 70% of the compensation liability of the non-motor vehicle and pedestrian party;
(two) if the motor vehicle bears the same responsibility, it shall bear 50% of the compensation liability of the non-motor vehicle and pedestrian;
(three) if the motor vehicle party bears the responsibility for secondary causes, it shall bear 30% of the compensation liability of the non-motor vehicle and pedestrian party;
(four) caused by non motor vehicles, bear 20% of the liability for compensation of non motor vehicles and pedestrians.
If a motor vehicle without third-party insurance is involved in a traffic accident with a non-motor vehicle or pedestrian, resulting in personal injury or property loss, and the non-motor vehicle or pedestrian is not at fault, the motor vehicle party shall be liable for all losses 100%.
If there is evidence that non-motor vehicles and pedestrians are at fault, the motor vehicle party shall determine the compensation ratio according to the following principles after bearing all its own losses:
(a) in the event of a traffic accident on a closed road such as an expressway or expressway, the motor vehicle party shall bear 50% of the compensation liability of the non-motor vehicle and pedestrian party.
(two) in the event of a traffic accident on other roads, the motor vehicle side shall bear 60% of the compensation liability of the non-motor vehicle and pedestrian side.
Various compensation items and calculation standards are as follows:
(1) Medical expenses Medical expenses include registration fees, examination fees, treatment fees, surgery fees, medical expenses, hospitalization fees, rehabilitation fees, cosmetic surgery fees and follow-up treatment fees paid by the parties concerned for the treatment of injuries. According to the receipt certificate issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before mediation. Rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training can be calculated with reference to the seasonal standard at the time of mediation and settlement.
(II) Delay in work The delay in work shall be determined according to the delay time and income of the parties concerned.
The time of lost work is determined according to the certificate issued by the medical institution where the parties receive treatment. If the party concerned continues to miss work due to injury and disability, the time of missing work can be calculated to the day before the date of disability.
If the party concerned has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the party concerned has no fixed income, it shall be calculated according to the average salary of employees in the previous year published by the local statistics bureau.
(3) Nursing expenses Nursing expenses are determined according to the income status of nursing staff, the number of nurses and the nursing period.
If the nursing staff has income, it shall be calculated according to the actual reduced income; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the labor remuneration standard of nursing at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
(4) Transportation expenses shall be calculated according to the actual expenses incurred by the parties and necessary accompanying personnel for medical treatment or transfer to other hospitals, and the relatives (not more than three) of the deceased participate in the handling of death accidents. The transportation expenses shall be based on official bills, and the relevant documents shall be consistent with the place, time, times and frequency of medical treatment.
(5) Accommodation fee. Accommodation expenses actually incurred by the parties and their accompanying personnel who come from other places to handle traffic accidents in this city.
(six) the hospital food allowance is determined by reference to the standard of food allowance for ordinary staff of state organs.
(VII) Nutritional expenses Nutritional expenses refer to the expenses paid by the parties concerned to purchase nutritional products other than the daily diet for auxiliary treatment or to make the body recover as soon as possible. According to the degree of disability of the parties concerned, the nutrition fee is determined with reference to the opinions of the hospital and the nutrition fee voucher.
(VIII) Compensation for Disability The compensation for disability is calculated according to the disability level of the party concerned and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published by the Beijing Municipal Bureau of Statistics, and it is calculated for 20 years from the date of disability. 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.
(nine) the cost of assistive devices is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard.
The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
(ten) the funeral expenses are calculated according to the average monthly salary of employees in the previous year, and the total amount is six months.
(eleven) the living expenses of the dependents are calculated according to the degree of the dependent's loss of working ability, and according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the previous year published by the statistics bureau where the person responsible for the accident 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 or adult close relative who has lost the ability to work and has no other source of income. If the dependant has other dependants, the compensation obligor shall only compensate the party concerned for the part that should be borne 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.
(12) The death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, and the calculation period is 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.
The transportation expenses, lost time expenses and accommodation expenses of the relatives of the parties required to deal with traffic accidents shall be calculated with reference to the provisions of Article 9 of this standard and shared according to the proportion of liability for compensation, but the number of calculation shall not exceed three.
If a party to a traffic accident or a close relative of the deceased requests compensation for mental damage, the party concerned or the close relative of the deceased shall negotiate on his own.