Can I Get Compensation Without Repairing My Car If the Other Party Is Fully at Fault?
1 Answers
Yes, but generally, you need to go through the damage assessment process first. After the assessment, you can choose not to repair the car or directly accept the compensation amount offered by the other party. The main compensation items and standards you can claim are as follows: Medical Expenses: Determined based on the medical fees, hospitalization fees, and other payment receipts issued by medical institutions, combined with medical records, diagnosis certificates, and other relevant evidence. Lost Wages: Determined based on the victim's lost work time and income status. The lost work time is determined by the proof issued by the medical institution where the victim received treatment. If the victim is disabled due to the injury and continues to lose work time, it can be calculated up to the day before the disability assessment date. For victims with fixed incomes, lost wages are calculated based on the actual reduced income. For victims without fixed incomes, the calculation is based on their average income over the past three years; if the victim cannot provide proof of their average income over the past three years, it can be calculated based on the average wage of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed. Nursing Fees: Determined based on the income status of the nursing personnel, the number of nursing personnel, and the duration of nursing. If the nursing personnel have income, the calculation is referenced to the lost wages; if the nursing personnel have no income or are hired nursing workers, the calculation is based on the local standard labor remuneration for nursing workers engaged in the same level of nursing care. In principle, there is one nursing personnel, but if the medical institution or assessment agency has a clear opinion, the number of nursing personnel can be determined accordingly.
