[Direct answer]In the Beijing area, the calculation of nutritional expenses for traffic accidents is based on the victim's injuries, determined with reference to the opinions of medical institutions or appraisal institutions. According to Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a person is injured by another person, the infringer shall compensate for reasonable expenses incurred for treatment and rehabilitation, including medical expenses, nursing care expenses, transportation expenses, nutritional expenses, and hospitalization subsistence allowances. Nutritional expenses are usually calculated based on the nutritional period and a daily standard. The nutritional period can be specified by medical institutions in the diagnosis certificate or determined through judicial appraisal. The daily standard varies across different regions. Generally, it is referenced to the subsistence allowances for general staff on business trips in local government agencies or determined at the discretion of the court. Therefore, when claiming nutritional expenses, the claimant should base the claim on medical advice or appraisal opinions, and retain the diagnosis certificate and expense receipts. Any overly high claims without sufficient evidence are unlikely to be supported.

1. Problem background and typical scenarios

Although the amount of nutrition fees is not large, they often become a point of dispute in insurance claims. Typical situations include: the victim claiming nutrition fees but lacking medical orders or appraisal opinions; the recommended nutrition period issued by the medical institution being inconsistent with the appraisal conclusion; the insurance company refusing to pay on the grounds of lacking medical orders; continuing to claim nutrition fees after discharge without sufficient basis; how to distinguish between the nutrition period and the period of work loss and nursing care; and the liability insurer disputing the daily standard. When handling traffic accident compensation in the Beijing area, lawyers usually first sort out the medical and appraisal materials.Personal injury and medical disputesIn business, determining the nutrition period and selecting a daily standard are common points of contention.

II. Key points of contention

Focus One: How to determine the nutrition period—should it be based on medical instructions or expert evaluations? Focus Two: How to select the standard daily nutrition fee? Focus Three: Can the nutrition fee continue to be claimed after discharge? Focus Four: Does the nutrition fee overlap with nursing fees and loss of earnings compensation? Focus Five: How to supplement evidence when medical instructions are lacking? Focus Six: How to handle insurance company denials? Focus Seven: What is the compensation priority order of the nutrition fee in compulsory auto insurance and commercial third-party liability insurance?

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises that the core of claiming nutritional expenses is to have sufficient evidence and reasonable standards. Firstly, the nutrition period should preferably be based on clear opinions from medical institutions, such as a diagnosis certificate or a discharge summary indicating the recommendation for enhanced nutrition and its duration. If the materials are insufficient, a judicial appraisal can be applied for in litigation, and the appraisal institution will determine the nutrition period. Secondly, there is no nationally unified standard for daily allowances. In practice, it can be referenced to the general meal subsidy standards for local government staff on business trips, or determined by the adjudicator based on the injury situation and recovery needs. When claiming, it is advisable to provide reference to judgments in similar cases. Thirdly, nutritional expenses are generally limited to the hospitalization period and necessary rehabilitation periods. Claims made after discharge should explain the necessity, and it is best to be supported by follow-up medical checkups or rehabilitation records. Fourthly, nutritional expenses are different in nature from nursing expenses and loss of income. Except for cases of duplicated calculation, they can be claimed concurrently, but duplicated calculation of the same loss should be avoided. Fifthly, during the claims settlement stage, negotiations with insurance companies can be conducted. If no agreement is reached, the case can be resolved through litigation. Compulsory insurance and commercial third-party liability insurance shall be compensated in accordance with the agreed terms and liability order. Overall, the more complete the medical instructions and appraisal materials are, the more solid the claim will be. 恒略律师提示，营养费主张的核心是依据充分、标准合理。第一，营养期应尽量取得医疗机构的明确意见，如诊断证明或出院小结中注明建议加强营养及期限；若材料不足，可在诉讼中申请司法鉴定，由鉴定机构确定营养期。第二，每日标准没有全国统一数额，实践中可参照当地国家机关一般工作人员出差伙食补助标准，或结合伤情与康复需要由裁判者酌定，主张时宜提供同类案件的裁判参考。第三，营养费一般以住院期间与必要的康复期为限，出院后主张的应说明必要性，最好有后续复诊或康复记录支持。第四，营养费与护理费、误工费性质不同，除确有重复计算的费用外，可以并行主张，但应避免对同一损失重复计算。第五，理赔阶段可与保险公司协商，协商不成的通过诉讼解决，交强险与商业三者险按约定与责任顺序赔付。整体上，医嘱与鉴定材料越完整，主张越扎实。

IV. Practical suggestions and legal basis

Action suggestions: First, keep the diagnosis certificate, discharge summary, and follow-up visit records, and indicate the nutritional advice; Second, apply for a judicial appraisal to determine the nutritional period when necessary; Third, collect reference standards for adjudication of similar cases; Fourth, distinguish between the nutritional period and the loss of income period and nursing period to avoid double counting; Fifth, file a lawsuit in time if no agreement can be reached with the insurance company. Legal basis: Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021); the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases", which stipulates that the nutritional expenses shall be determined according to the medical institution's opinion based on the injury situation. For compensation related to traffic accidents, please refer to the relevant provisions.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the nutrition fee shall be based on the doctor's orders or the appraisal opinion. Second, the nutrition period shall be limited to the hospitalization and necessary rehabilitation period. Third, the daily standard varies across different regions. Fourth, it is necessary to avoid double counting with the nursing fee and the loss of income due to work stoppage. Fifth, if no agreement can be reached, the claim can be pursued through litigation. For cases involving traffic accident compensation, it can be handled through legal channels.Personal injury and medical disputesConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: What is the standard for calculating the cost of nutrition?

There is no nationwide standard amount, and it is usually calculated based on the nutritional period and the daily standard. The nutritional period is determined according to the opinions of medical institutions or appraisal conclusions. The daily standard varies across different regions. Generally, it can be referenced to the meal allowance standards for general staff on business trips in local state organs, or determined by the arbitrator based on the injury situation.

Q2: Can I claim nutritional expenses without a doctor's prescription?

This can be claimed, but it's quite difficult to provide evidence. If you can prove the need for enhanced nutrition through follow-up consultation records, rehabilitation materials, or forensic appraisals, there's still a chance of gaining support. It's recommended to obtain written opinions from medical institutions regarding nutritional advice and timeframes, in order to enhance the persuasiveness of your claim.

Q3: Can I still claim for nutritional expenses after being discharged from the hospital?

It depends on the specific circumstances. Generally, nutritional expenses are limited to the period of hospitalization and necessary rehabilitation. If a claim is made after discharge, the necessity of enhanced nutrition should be explained, and it is preferable to have follow-up treatment or rehabilitation records to support the claim. If there is a lack of evidence, it is usually difficult to obtain support for expenses that exceed a reasonable range.

Q4: Can I claim both nutritional fees and care fees at the same time?

Yes, but it is necessary to avoid double counting. The two have different natures. Nursing fees correspond to nursing services, and nutritional fees correspond to the nutritional expenses required for rehabilitation. If an item of expense is already included in another item, it should be deducted to prevent making duplicate claims for the same loss. The specific determination shall be made based on the evidence and the adjudicator's judgment.

Q5: What should I do if the insurance company refuses to compensate for the nutritional costs?

First, the parties can negotiate to clarify the basis for the claim. If the negotiation fails, the matter can be resolved through litigation. The compulsory motor vehicle liability insurance will first make compensation within the liability limit, and the excess part will be borne by the commercial third-party liability insurance according to the agreement and the liability ratio. The victim should submit medical instructions, appraisals, and expense receipts to claim reasonable nutritional fees. For more details, please refer to the relevant provisions of the Insurance Law of the People's Republic of China.Special services and other cases.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.