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Compensation for the living expenses of dependents in infringement cases

Author :Tianjin Bo Law Firm   Time :2019-01-04

The living expenses of the dependents refer to the loss of the right to support others who illegally deprive others of their right to life, or the infringement of the right to health of others, resulting in the loss of the source of support for the person who was raised before the loss of his or her ability to work, and shall be compensated according to law. cost. This article takes a traffic accident case as an example to detail the compensation for the living expenses of the dependents.

Case review

 In April 2016, Cui Mou drove an electric bicycle. When driving along the Dagang Jinyu Highway in Tianjin Binhai New Area from west to east to the port of Dagang Automobile Maintenance Center, he encountered the unqualified brake performance of Sun Mo. ×× Heavy-duty semi-trailer/Lu P××××× Red Antong brand heavy-duty ordinary semi-trailer, driving along the Jin-Jin Highway at a speed of about 46km/h from east to west, Cui Mou driving electric The bicycle entered the opposite lane and collided with the left side of the red PX××××× red liberation brand heavy-duty semi-trailer/Lu P××××× red Antong heavy-duty ordinary semi-trailer, causing Cui Mou A traffic accident where the vehicle died on both sides and the vehicle was damaged. After the accident handling team of the Dagang Detachment of the Tianjin Public Security Traffic Administration, Cui was responsible for the accident, and Sun was responsible for the secondary responsibility of the accident. Lu P××××× red liberation brand heavy-duty semi-trailer tractor in insurance company Liaochengzhong Company has invested in strong insurance and commercial three-person insurance. The parents of Cui Mou (both agricultural hukou) are under 60 years old. Only Cui is a child, unmarried, and Cui’s parents are dependents. Identification of Cui's parents are losing most of their ability to work.

relevant regulation

 According to Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: “The living expenses of the dependents are based on the degree of incapacity of the dependents, according to the per capita consumption expenditure of urban residents in the previous year where the court was called. Calculated according to the per capita annual living expenditure standard of rural residents. If the dependent person is a minor, it is calculated to be 18 years old; if the dependent person has no working ability and no other source of life, it is calculated for 20 years. However, if the dependent person is over 60 years old, The age is reduced by one year for each additional year; for the seventy-five years or older, it is calculated for five years. The dependent person refers to the minor who is legally responsible for the support of the victim or the adult close relative who has lost the ability to work and has no other source of income. If the dependent person has other supporters, the indemnity obligor shall only compensate the part of the victim that the law should bear.

Lawyer analysis

In the above cases, Cui’s parents were more likely to lose 70% of their ability to work because they lost most of their ability to work. The formula for calculating the living expenses of the dependents should be: the per capita consumption expenditure of rural residents in the previous year was 14,739 yuan/year × 20 years × 70% = 294780 (Cui Mou father), 14739 yuan / year × 20 years × 70% = 294780 (Cui Momu), because the total annual compensation exceeds the per capita consumption expenditure of rural residents in the previous year, it should It is 14739 yuan / year × 20 years = 294780 yuan.

In practice, because a dependent person often does not have only one supporter, and the victim often only bears part of the living expenses of the dependent person, the indemnity obligor only pays the part of the maintenance fee that the deceased should bear. For example, a supporter of a minor should normally be a father and a mother. If a party dies in a traffic accident, the compensation obligor should compensate only the part of the support that the deceased should bear. Of course, a supporter often does not have only one dependent, such as two children of the deceased, or parents who need to be raised besides the child or others who are not able to support them before they die. The source of the person, in the case of such a dependent person, the total annual compensation of the indemnity obligor does not exceed the amount of per capita consumption expenditure of urban residents in the previous year or the per capita annual living consumption expenditure of rural residents.

Author: Secretary Chu Wo, LLB Nankai University Binhai College, Tianjin Bo-designed law firm full-time lawyers, the Ministry of Transport Affairs, Law received professional education system, a solid theoretical foundation of law, good overall quality, in the case of motor vehicle accidents, property There are rich practical experience in the field of insurance contract cases, and the cases handled by them are highly praised by the parties.

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