In real life, traffic accidents happen from time to time, and the two parties to the accident often have disputes over compensation. According to the laws of the mainland, the medical expenses of the other party injured in a traffic accident need to be compensated according to the division of responsibility when calculating. However, there is a detail to note here, that is, the expenses spent by the injured person in the hospital, if there is no connection with the occurrence of the traffic accident, then there is no need to compensate for civil compensation. Next, we will analyze this knowledge point in detail to help you better understand the liability in traffic accidents.
We need to be clear about what liability is in a traffic accident. To put it simply, in a traffic accident, if the fault of one or both parties causes personal injury or property damage to the other party, it should bear the corresponding liability for compensation. This liability mainly includes medical expenses, lost work expenses, nursing expenses, etc. Among them, medical expenses are the most important, because in traffic accidents, the injured often need to receive emergency treatment, and medical expenses are essential.
According to mainland law, the amount of compensation for medical expenses should be calculated according to the actual medical expenses incurred by the injured person in the hospital. However, there is an important premise here, and that is that these medical expenses must be due to traffic accidents. In other words, if the expenses incurred by the injured person in the hospital are not related to the traffic accident, then there is no need to pay compensation in the case of civil compensation.
How to determine whether medical expenses are related to traffic accidents? Here we need to consider the following aspects:
1. Temporal relevance: Medical expenses occur after a traffic accident and are directly related to the treatment of the injured person's injuries. If the injured person was already suffering from a certain disease before the accident and received treatment for a period of time after the accident, then this part of the cost is not directly related to the traffic accident and does not need to be compensated.
2. Causation: Medical expenses are incurred due to the bodily injury of the injured person as a result of a traffic accident. If the vehicle or property injured in the accident is a vehicle, the cost of repairs incurred does not fall under the category of medical expenses.
3. Reasonableness: Medical expenses should be reasonable expenses incurred in regular hospitals, including examination fees, diagnosis and treatment fees, drug fees, etc. If the injured person incurs some unreasonable expenses in the process of receiving treatment, such as excessive examination, excessive treatment, etc., then this part of the expenses does not need to be compensated.
Of course, in some special cases, there may be some situations that are difficult to judge. For example, the injured person was slightly injured in a traffic accident, but then had serious consequences due to other reasons. In this case, an appraisal of the participation of the injured person in the hospital can be requested.
The so-called participation appraisal is to analyze the injuries of the injured through professional appraisal institutions or experts to determine the degree of their relevance to traffic accidents. Based on the results of the appraisal, medical expenses can be adjusted accordingly.
When dealing with the issue of compensation for traffic accidents, both parties should follow the provisions of the law and treat the compensation matter rationally. For the injured party, it is necessary to ensure that their legitimate rights and interests are protected, and for the party responsible for the accident, they must have the courage to assume their own responsibilities and minimize the losses of the other party. Only in this way can we truly achieve fairness and justice and maintain social harmony and stability. At the same time, we should also strengthen the publicity and education of traffic safety awareness, improve people's self-protection ability, and reduce the occurrence of traffic accidents.
We would like to remind the majority of car owners and drivers that it is the basic obligation of every citizen to obey the traffic rules. Only when everyone can consciously abide by traffic rules can we ensure the safe and smooth flow of road traffic and reduce the occurrence of traffic accidents. At the same time, we should also pay attention to the construction and maintenance of road safety facilities, improve road traffic conditions, and provide a safe and convenient environment for people to travel.