| With the development of urban transportation and the popularity disable in car accidents, their dependents suffer losses of living expenses as well as the great physical pain or mental anguish. However, the rules about the scope of dependents, the standard of living expenses or the method of calculation etc are not so clear and accurate in the relevant law and judicial interpretation. What is more, there is no uniform standard. Recently, some inconsequent cases are paid more and more attention, in which the same case has different results and the same life secures different payments.According to the judicial interpretation, there is a wide range of dependents, including both the minor dependents and the adult close relatives who have no other living source. When the victims died in car accidents, the dependents have their own rights to claim living expenses, as well as the right to substitute for the victims.To get living expenses, adult close relatives of the victims have the burden to prove that they are unable to work and have no other living resources. It is necessary of the adult dependents to obtain the Expert Conclusion by the labor department. For the adult dependents, to have no other living resources means to have no living resources at all or to have few resources to live. It is natural and understandable for the adult dependents to have the above burden of proof. However, it is unnecessary for the parents of the victims. In any case, the parents of the victims are the dependents and have rights to claim living expenses.Both the ability of work and the disables grade should be considered to determine the living expenses. Disables grade does not depend only on the ability of work and vice verse. Only under circumstances of both the victim’s disability and the dependents’ reduction in income, to pay living expenses is reasonable and legitimate.To determine living expenses, the identity of the supporter rather than the supported should be the basis of compensation standards. |
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