Auto repair company qualification in contract disputes in automobile insurance evidence
Created:
/Author:
Aaron Lewis
The car, to the last car insurance -- insurance make provision against a rainy day.If the car accident, the insurance company will not avoid dealing with free.As the insurance company, will be as short as possible for less pay, coupled with other factors, the insurance company always require owners to their designated repair point of repair.
Some owners don't want to go to the so-called pointing repair point, may go to other company.In this case, there may be in the repair costs beyond the nuclear damage loss.At the expense of the differences, if the gap is too large, not to, will eventually go to court.One of my client that is so, there were two incident of his car, the insurance, the nuclear damage, he drove the car to the other repair company to repair.Differential costs of the two reached more than ten thousand, in this case is certainly not consistent, my party to the insurance company to court.In the trial, the insurance companies that it does not endorse the expenses for my party to repair not in its designated repair point.At the same time, points out that in the nuclear damage, my client recognize their approved charges, and challenged our repair company qualification.In the insurance company the disputation point of view, the most important is the quality of the repair company.The so-called designated repair point can not be they do not bear the repair costs evidence, for nuclear damage "recognition" will not affect the court's final decision.
And repair the qualification problem, who bear the burden of proof?According to the rules of evidence, the one who claims the principle of burden of proof, the insurance company case of dissent, should by the insurance companies to prove.But in the trial of the case, the court took the responsibility to my party.How to prove the repair company have the corresponding qualifications, it's easy to say, but not easy to.The outsider, repair company does not necessarily help.Then, we find the repair company information in the commerce and Industry Bureau website, at the same time to the commerce and Industry Bureau to print out the repair company performance data.Unfortunately, these companies are not real qualification, but in the court, we put the data and business files from the Internet to find things to the court of inquiry.The judge did not to pursue the matter, may the other party has no such consciousness, the judge asked if approved our query data, each other to be recognized.Things at this time, there is no suspense.Finally, the court to support our claims.
Here, we can say that, in this case, we can win the lawsuit, the biggest reason that the other does not understand the procedure, especially some problems in insurance litigation evidence.But it is necessary to remind drivers is: "if you don't go to the designated repair point of repair, but must go to the qualified repair point, and various procedures are complete, have the repair list, invoices, insurance companies to handle can not in any."