How much should immigrants pay for their deaths in traffic accidents?

First, the traffic police team investigates the scene, investigates and collects evidence, and makes accident identification;

This kind of dispute is generally difficult to negotiate successfully, and the families of the deceased can sue to the court for compensation. The cause of action prescribed by the court is a dispute over the liability of motor vehicle traffic accidents, which is professional and complicated. It is suggested to entrust a lawyer to solve the problem, mainly involving:

The defendant sued: the driver, the owner, the unit to which the vehicle belongs, and the insurance company that insured the compulsory vehicle insurance and the three insurances;

Evidence collection: plaintiff's ID card, household registration book, defendant's personal identity information (company's industrial and commercial registration information), accident certificate, vehicle insurance policy, hospitalization diagnosis certificate, hospitalization certificate, medical record, discharge certificate, lost work certificate, income certificate of nursing staff, and medical bills;

Compensation items: personal injury: medical expenses, lost time, nursing expenses, food subsidies for hospitalization, accommodation expenses, nutrition expenses, transportation expenses, as well as disability compensation, living expenses of dependents and spiritual damages that constitute disability;

If the victim dies and the driver bears the main or full responsibility for the accident, the driver shall be investigated for criminal responsibility for the crime of causing traffic accidents. The family of the deceased filed a criminal incidental civil lawsuit with the court for compensation. In addition to the above compensation items, there are death compensation, funeral expenses, living expenses of dependents, and no mental damages.

Property loss: apply to the traffic police force to entrust an appraisal company to make appraisal opinions and pay the estimation fee, parking fee and towing fee;

According to the relevant regulations and evidence, calculate the compensation amount in detail. Different provinces have different standards for the amount, and the compensation standards for urban residents and rural residents in the same province are also different.

Before prosecution or litigation, the victim may apply to the court to preserve the defendant's accident vehicle and the property paid by the accident handling deposit.

See: 1, Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Traffic Accident Criminal Cases.

Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

2. the Supreme People's Court's interpretation of some issues concerning the application of law in the trial of personal injury compensation cases.

Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.

Twenty-seventh funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the court of appeal is located, and the total amount shall be six months.

Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court 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.

Twenty-ninth 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 where the court of appeal is located. 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.

Article 30 If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the sued court is located, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.

The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.