Traffic accidents: how to compensate for prosthetic costs

The responsibility for the accident will be determined by the traffic police department after site inspection and investigation, and corresponding responsibilities will be borne according to the size of the accident. You need to apply for a disability appraisal first, and the claim will be based on the appraisal level. The compulsory liability insurance company will first compensate, and the shortfall will be borne by both parties in proportion to the accident liability. How to compensate for prosthetic limb costs:

​ ​ 1. In accordance with local judicial practice, it is supported that the replacement period of prosthetic limbs is calculated at one time until the age of 75.

2. Regarding the use of prostheses in traffic accidents, the calculation is based on twenty years.

3. The fee for assistive devices for disabled people is calculated based on the reasonable cost standards for ordinary applicable devices. If the injury requires special needs, you can refer to the opinions of the assistive device dispensing agency to determine the corresponding reasonable fee standards. The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the dispensing agency.

4. If the victim requests compensation for disability equipment, he shall provide proof or appraisal opinions from the medical unit or prosthetic limb preparation unit. The amount of compensation for disability appliances is generally determined based on the reasonable price of similar products of ordinary domestic appliances; the number of replacements of disability appliances should be confirmed with reference to expert certification from the relevant department, and in combination with the actual local living conditions and the victim’s remaining life span.

5. Reasonable expenses related to transportation, accommodation, etc. that must be spent to equip disabled equipment should also be appropriately compensated.

6. The amount of prosthetic installation expenses required for compensation must be confirmed based on the price of ordinary domestic appliances at the nearest disability equipment manufacturing unit to the victim; the amount of compensation confirmed based on products produced or imported outside the mainland will generally not be supported, unless the amount is lower than the price of ordinary domestic appliances. Extended reading:

According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases"

Article 26 stipulates: The cost of assistive devices for disabled people is calculated according to the reasonable cost standards of ordinary applicable devices. If the injury requires special needs, you can refer to the opinions of the assistive device dispensing agency to determine the corresponding reasonable fee standards. The replacement cycle and compensation period of assistive devices shall be determined with reference to the opinions of the dispensing agency.

Article 32 stipulates that if the right holder of compensation files a lawsuit in the People's Court to request continued payment of assistive device fees after the specified period of payment of assistive device fees has exceeded, the People's Court shall accept the case. If the person obligated to compensation really needs to continue to prepare assistive devices, the People's Court shall order the person obligated to compensate to continue to pay relevant expenses for five to ten years.

Article 33 stipulates that if the compensation obligor requests payment of the fee for disability assistive devices in the form of fixed deposit, he shall provide corresponding guarantee. The people's court may determine the payment of relevant expenses in the form of fixed deposits based on the payment ability of the compensation obligor and the provision of guarantees. However, the expenses incurred before the conclusion of the first-instance court debate shall be paid in one lump sum.