Traffic accidents often cause serious harm and financial burden to victims and their families. In such cases, the division of compensation is often a point of contention. This article will detail the division method and dispute resolution method of traffic accident death compensation, and help you understand the relevant legal provisions and protection of rights and interests.
1. Common methods of dividing compensation.
1.Proportional segmentation.
Pro-rata is one of the most common methods of distribution of compensation. According to the degree of responsibility and economic status of both parties, the amount of compensation can be divided according to a certain proportion. Generally speaking, the liability of the responsible party is heavy, and the compensation ratio is relatively high;However, if the injured party is more liable, the compensation ratio is lower. This method can fairly solve the problem of segmentation to a certain extent, but the particularity of various situations still needs to be considered in the specific operation.
2.Split by loss.
Loss splitting is the division of the amount of compensation according to the actual loss of the injured party. Including direct economic losses, moral losses, alimony, funeral expenses, etc. By determining the specific amount of each loss, it is then divided according to the proportion of each loss. This approach, which focuses on covering the actual losses of the injured party, is relatively objective, but may be controversial in determining the specific amount of each loss.
3.Split according to legal standards.
Splitting the compensation according to the statutory standard is a relatively simple and clear method. Generally speaking, the law clearly stipulates the proportion and limit of the distribution of compensation for traffic accident death. Partitioning according to legal standards can effectively safeguard the legitimate rights and interests of both parties. However, statutory standards may not be fully adapted to each situation and may not meet the needs of special circumstances.
II. Dispute Resolution.
1.Negotiate a settlement.
Negotiated settlement is one of the common ways to resolve disputes over the division of compensation. When the issue of the division of compensation arises, the two parties can communicate their respective reasonable claims through negotiation and seek a way to reach an agreement. The advantage of negotiated settlement is that it can maintain a good relationship between the two parties, reduce the occurrence of disputes, and can better protect the rights and interests of both parties.
2.Mediation settlement.
If the parties are unable to resolve the dispute through negotiation, they can seek mediation assistance from the relevant departments. The traffic management department, the people's mediation committee and other institutions can provide professional mediation services to help the parties mediate on the issue of compensation division. The advantage of mediation is that it can deal with disputes more objectively, reduce disputes, and protect the legitimate rights and interests of all parties.
3.Litigation Resolution.
If neither negotiation nor mediation can resolve the issue, the parties may choose to resolve the dispute through legal means. By filing a lawsuit, the dispute is referred to the court for handling and adjudication. The court will make a decision on the division of compensation in accordance with relevant laws and regulations and factual circumstances. Litigation takes time and costs, but it can ensure that the rights and interests of both parties are fairly protected.
To sum up, the division of traffic accident death compensation needs to consider many factors, such as the division of liability, economic status, actual losses, etc. Splitting according to proportion, splitting by loss, or splitting according to statutory standards are common methods of splitting. At the same time, resolving disputes through negotiation, mediation and litigation can ultimately ensure that the rights and interests of both parties are protected and implemented. Death benefits