Social assistance for road traffic accidents** refers to the special social projects that are raised in accordance with the law to pay for the funeral expenses and part or all of the rescue expenses of the victims of motor vehicle road traffic accidents.
Netizen consultation:
What is the scope of social assistance for road traffic accidents?
Lawyer answers:
In any of the following circumstances, the rescue ** shall pay the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident
1) The rescue expenses exceed the liability limit of the compulsory traffic insurance;
2) The motor vehicle involved in the accident has not participated in the compulsory traffic insurance;
3) Fleeing after a motor vehicle accident.
Rescue** Generally, the victim shall be paid in advance for the rescue expenses within 7 days from the time of receiving the rescue, and in special circumstances, the rescue expenses for more than 7 days shall be explained in writing by the medical institution. The specific fees shall be calculated in accordance with the prescribed charging standards.
Lawyer adds:
After receiving the notice of advance payment of rescue expenses from the traffic management department of the public security organ or the applicant's application for advance payment of rescue expenses and related materials, the rescue management agency shall, within 3 working days, in accordance with the relevant provisions, the relevant guidelines and specifications for the clinical diagnosis and treatment of persons injured in road traffic accidents, as well as the prescribed charging standards, review the following contents, and inform the traffic management department of the public security organ or the applicant in writing of the results of the audit:
1) Whether it is a situation of advance payment for assistance;
2) Whether the rescue expenses are true and reasonable;
3) Other content that the aid management body deems necessary to review.
For those who meet the requirements for advance payment, the aid management institution shall transfer the relevant fee settlement to the account of the medical institution within 2 working days. If the advance payment requirements are not met, the advance payment shall not be made, and the reasons shall be explained in writing to the traffic management department of the public security organ or the applicant who handles the traffic accident.
Legal basis] Measures for the Administration of Social Assistance for Road Traffic Accidents
Article 14 In any of the following circumstances, the rescue shall pay the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident:
1) The rescue expenses exceed the liability limit of the compulsory traffic insurance;
2) The motor vehicle involved in the accident has not participated in the compulsory traffic insurance;
3) Fleeing after a motor vehicle accident.
Rescue** Generally, the victim shall be paid in advance for the rescue expenses within 7 days from the time of receiving the rescue, and in special circumstances, the rescue expenses for more than 7 days shall be explained in writing by the medical institution. The specific fees shall be calculated in accordance with the prescribed charging standards.
Profile of Mr. Fu Zhifeng
Director of the Department of Civil and Commercial Affairs of Jiangsu Liu Hong Law Firm, Master of Nanjing University, Corporate Legal Counsel of Nanjing, Member of Jinling Lawyers Association, mainly handling marriage and family affairs, debts and debts and criminal case defense.