When will the disability assessment be done after a traffic accident? What is the fee for traffic accident disability assessment?

In recent issues, we have shared a special topic, mainly about road traffic safety and road traffic accidents. If you encounter a road traffic accident, don't panic. Follow the reasonable and legal steps to apply for the process. I hope everyone can drive safely as much as possible. The following content mainly shares when to do the disability assessment after a traffic accident? What is the fee for traffic accident disability assessment? What is the compensation standard for the fourth degree disability in traffic accidents? I hope it can help you in need.

Contents of this article

1. When should disability assessment be done after a traffic accident?

2. What are the charges for traffic accident disability assessment?

3. What is the compensation standard for the fourth degree disability caused by traffic accidents?

When to do disability assessment after a traffic accident

There are currently no specific legal provisions regarding the time to apply for disability assessment after a traffic accident. In judicial practice, disability assessment is generally conducted within three months of discharge from hospital. In practice, the time limit may be different due to different local regulations. To apply for a traffic accident disability assessment, you can submit a written disability assessment application to the department that handled the traffic accident. Then go to the designated judicial appraisal agency for disability assessment.

According to the provisions on the timing of appraisal in Article 2 of Part 4 of the "Classification of Disability Caused by Human Injuries", the appraisal should be carried out after the treatment of the primary injury and its related complications is completed or the clinical treatment effect stabilizes.

Legal Basis:

Classification of Disability Levels Caused by Human Injuries

4.2

The identification should be carried out after the treatment of the primary injury and its complications is completed or the clinical treatment effect is stabilized.

What is the fee situation for traffic accident disability assessment?

Disability assessment for traffic accidents is charged by project. Currently, more than 90% of forensic assessments for traffic accidents are assessments of the degree of disability (i.e., disability grade) and three stages. The so-called three stages refer to the time of lost work, nursing time limit, nutrition time limit, etc. The general fee standard is around 2,000 yuan. During the assessment period, the transportation fee, board and lodging fee, and the necessary hospital examination fee shall be borne by the applicant.

Legal Basis:

According to Article 12 of the State Council's "Measures for the Payment of Litigation Costs" (hereinafter referred to as the "Measures"): Expenses incurred during the litigation process for appraisal, investigation, translation, evaluation, etc. should be borne by the parties. The people's court shall decide, based on the principle of "who claims, who bears the cost", that the parties shall pay directly to the relevant institutions or units, and the people's court shall not collect and pay on behalf of the parties.

Article 29 stipulates that the litigation costs shall be borne by the losing party, except when the winning party voluntarily bears the costs. The People's Court that partially wins or partially loses the case shall decide the amount of litigation costs to be borne by each party based on the specific circumstances of the case.

What is the compensation standard for the fourth degree disability in traffic accidents?

my country's Road Traffic Safety Law has made clear provisions on the compensation standards for grade 4 disability. In general, the compensation standards for grade 4 disability in traffic accidents usually include the following items: Medical expenses: subject to invoices. Hospital food allowance, nutrition expenses, follow-up treatment expenses, secondary surgery expenses, nursing expenses, long-term care expenses, lost wages, disability compensation, appraisal fees, prosthetics expenses, dependents' living expenses, mental damage consolation money, etc.

Article 76 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle causes personal injury, death or property damage in a traffic accident, the insurance company shall compensate within the limits of the motor vehicle third-party liability compulsory insurance liability; the remaining amount shall be compensated in accordance with the following provisions: (i) If a traffic accident occurs between motor vehicles, the party at fault shall bear the compensation liability; if both parties are at fault, they shall share the liability in proportion to their respective faults; (ii) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the compensation liability; if there is evidence that the non-motor vehicle driver or pedestrian is at fault, the motor vehicle party's compensation liability shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, it shall bear no more than 10% of the compensation liability. If the loss of the traffic accident is caused by the non-motor vehicle driver or pedestrian deliberately colliding with the motor vehicle, the motor vehicle party shall not bear the compensation liability.