How should the vehicle after be or get out of danger "loss"

 

[the auto - News] along with the increasing popularity of private cars, as a private car owners should know after the accident should be how to solve, not after the car accident, unable to proceed. Below small make up finishing 10 case for you, teach you the traffic accident insurance claims.


1, the full responsibility for each other to put forward private 1500, you simply won't do, asked to take the insurance, and noisy and make it is frustrating, damage repair factory 2200, 2400, and 200

If you agree to the private, take 1500, submitted to the insurance own full responsibility, so the car repaired not cut white earn 1500, the second year premium increase of 800, earned 700


The 2 injured one person, send a hospital, medical expenses by family maltreatment, pad 8000. Go home and clean the face blood. Back family requested and 10000 private, or do not give you medicine invoice, insurance company said no invoice does not reimburse you, oh or. Tragedy. In fact, you can not go to the hospital, the waiting for the traffic police issued opinions. Pad medical expenses that stocks lost, still owed the debt, and other family members tell you, tell the insurance company paid, to the satisfaction of all, you don't even have to appear.

The 3 crash, blocking up behind a row of cars honked, the other that I full responsibility, we went to the street, and stopped at the side of the road, the results of each other immediately face, said the full responsibility of your ya, just think of should be the first mobile phone camera.

4 husband command reversing, his excitement, throttle when the brake, the husband legs broken, call report to the insurance companies honest, insurance company tells you, husband not to accompany..... In fact, you can change a friend's car.. Do you know

5 cars in the 4S maintenance, maintenance done, happily to her car, Oh or, reversing the throttle and brake (why is = when. =!), into splinters, resulting in the loss of 4000+, you depressed for insurance companies, to tell you the people polite, in the garage of accidents, we do not accompany.... In fact, you can change the accident, such as the area and a small intimate contact occurs, you know.

6 heavy rain day, morning happy went to the garage to get the car, found the garage flooded, suddenly burst into tears, get on the bus quickly launch, let his car escape from misery, an ignition, oh, or, not burning up engine. The car did not get out, you also into the abyss of misery, 4S shop informed, engine inlet, reimbursement, loss of 5W, you only go to the insurance company, not a pity looked at you, miss, the driver forced ignition lead to engine inlet, we do not accompany. -- -- you don't ignition, the engine is not water Oh dear.

7, put a lot of toys in the car, what the pagoda ah, perfume bottles, bear ah pig ah. One day almost hit an old woman, brakes, perfume bottle fly stem to the glass and bomb to my forehead. Sewing needle 8, loss of working time costs of medical glass damages totaling 3800, tell your insurance company operator is smiling, is the article on the car crashed without compensation: if the vehicle is loaded inside the top items or wounded, we still do not accompany.

8, the weekend is good, is happy racing, left a large truck suddenly thrown into a dish you and you kiss, you only have one plate to the flower bed, you be careful liver thump thump every 5 minutes to calm down, a look at the big truck had no shadow, immediately a call to the insurance to the truck is a crazy, and says he wants to fix the car, insurance clerk sorry to tell you that the perpetrators responsible go free: when the collision with other vehicles, responsibility is in the other side, if you give up the right of recovery to third parties, will give up the claim compensation the insurance company right Oh dear. -- -- -- in fact, you could say, the sun blinded my eyes, let me on the bed, what big truck? Didn't see ~ no attention...

9, puncture, left and right to stabilize the direction, do not call the insurance company, this does not accompany.

10, parked downstairs, upstairs to read a set of Kangxi, went down to look, 4 wheels is gone, a few pieces of brick to my pad, do not call the insurance, this did not accompany.

   To sum up, it is the sun.

 

 

          Answer to the six question -- a common vehicle damage


After the accident, the owners basically will be facing the same problem -- the accident vehicle damage problem. The insurance company will be damaged and owners of the actual loss is the difference between the how to do? The vehicle has been in use for many years, repair price higher than the actual value, how to do? Vehicle depreciation loss how to evaluate? For these problems, many owners simply do not know, or with the insurance company has some understanding of the different. Therefore, many disputes to the court to solve only. Vehicle damage problem is not only related to the vital interests of many car owners, but also between insurance companies and insurance consumers misleading or contradiction, in January 13th this year, China CIRC announced on its website "to strengthen the insurance consumer education program of work", proposed to develop the insurance consumer education and publicity in the major media, the ability to raise public awareness of risk, the insurance consumption capacity and safeguard their own interests.
To this end, the reporter the most prone to dispute the loss problem of vehicle insurance, and concludes some Guiyang city last year, insurance companies and the court met and heard the case, Li Li professor of law at the Guizhou Police Officer Vocational College and asked for more than ten years served as the legal consultant of many insurance companies for the comments.

 

Case 1: the loss of controversial
Should be timely to entrust the third party assessment

A logistics company van at a BMW car, series trucks full responsibility. Van insurance companies with initial damage views, BMW owners that the amount is too small, do not agree with the insurance companies charge advice. In desperation, logistics company commissioned assessment agencies for BMW car loss assessment. The court finally adopted the assessment agencies to determine the amount of repair.
Experts commented: the accident vehicle loss is right, the insurance company according to the insurance contract to enjoy but, as the insurance contract the other party of equality of parties, the insured can also do not agree with the insurance companies charge results. The dispute, may entrust or commissioned by the court for a neutral third party assessment. Assessment agencies individually appoint must be identified by the judicial administration department issued by the institution of judicial authentication licenses; jointly commissioned or in the consensus can not be the case by the assessment organization designated by the court can also be no judicial identification of qualification.

Special remind: there is a need to explain, assessment agencies conclusion is only a proof, if one party can prove that the evaluation conclusion is not objective, scientific, also can apply to the court for re identification.

 

Case two: increase the amount of loss after repair
The insurance company does not pay

Shaw teacher driving unit off-road vehicles in the city and Mr Peugeot 307 collision. The traffic police in traffic accident fast processing program guide negotiation for off-road vehicle. The insurance company insured for cross-country car Peugeot 307 field loss is 1000 yuan, motor vehicle loss project Shaw teacher and Mr. Wang in the insurance company "confirmation" and signed by. Mr. Wang will find insurance company set a repair project Peugeot 307 to 4S shop for repair, Mr. Wang did not inform Shaw teacher and insurance company, 4S shop for repair, and repair the engine the original cover into the replacement of the new engine cover, the two together, a total of 1 increased the cost of repairs more than 1000 yuan. Mr. Wang will be more than 2 yuan to repair invoices to the off-road vehicle insurance reimbursement, more than 1 yuan of insurance company refused to pay additional repairs. So, Mr. Wang will Construction Bureau, Shaw teacher and cross-country car insurance company to court. The court will repair project leakage should compensate, engine cover only according to repair damages, replacement cost extra care by Mr. wang.
Experts commented: Mr. Wang is the not fully get extra costs, because the motor vehicle insurance clauses and insurance companies have agreed to the restoration principles, can repair requirements as far as possible the use of repair, not up to the changing conditions, can not be replaced with new parts, this must also be and insurance companies determine. Mr. Wang wants to change the engine cover, and without prior consultation with the insurance company, so the insurance company can not pay the cost. "Motor vehicle damage the project confirmation letter" belongs to the damage repair protocol in nature, accident once the two sides signed the agreement, in principle on both sides have the binding force of law, unless it can prove that the protocol of the damaged items and amount is wrong, therefore, the question must be careful to sign.
Special remind: in some cases, the insurance companies charge results repair factory does not necessarily recognized, therefore, owners of the best and the insurance company personnel to the garage to dismantling, damage, the repair project and labor costs, material prices by the insurance companies themselves and repair factory consultation.

 

Case three: the loss can be completed early sell unwise not a damaged car

Mr. Zhang is a full crown surface of coal trucks crashed down to the roadside ridge, followed by large trucks down down, crown car splashed with coal, the body is damaged, take full responsibility for truck. Crown car was towed to the 4S store dismantling, loss. Van insurance company insurance personnel only specific item repair, change parts (of which there are few items repair or replacement of undetermined), and man hour cost price and change a part of the material price is subject to an inquiry after the set. 4S stores the reception staff, Mr. Zhang and the truck driver in the insurance company "motor vehicle damage the project confirmation letter" signed. Later, the insurance companies completed the inquiry and nuclear damage program, reported the final loss amount. This amount is far below the 4S shop price. Mr. Zhang and the number of unsuccessful negotiations, the prosecution to the court, at the same time, will not repaired the crown car sold to others, ready to use litigation to compensation for the other to buy a new car. Repair prices court entrust appraisal institution assessment crown car. Since there is no real as the appraisal object, appraisal agency basis "motor vehicle damage repair, replacement project confirmation confirming the project book", with reference to the market price to determine the amount of repair. Under the auspices of the court, both sides and truck accident insurance companies reached a settlement agreement. The accident happened nearly a year.
Expert comments: for the loss of the vehicle, the insurance company staff is very difficult in the field a loss is completed, is usually the first to determine the repair, replacement project and man hour cost price, material price is subject to inquiry and internal price. So, the loss may be divided two times to complete, this need or long or short time. After many consultations fail circumstances, party responsible for the accident shall timely entrust intermediary price assessment. Because, as the responsible party shall compensate the other party for the vehicle rental fees or operating loss, longer, cost more, and these costs are the indirect loss, not within the scope of insurance compensation. In addition, Mr. Zhang is in without assessing the crown car sold and others, is not wise. If they are signed "motor vehicle damage the project confirmation letter" in a large number of projects is the repair or replacement of undetermined, in the absence of physical assessment object, price assessment agencies often refuse to accept the commission.

 

Case four
Repair amount is higher than the actual value of vehicle should be constructive total loss

A company of Fukang car with a truck to collide, both negative with responsibility. In the insurance company claims the results have not come out, both for the car damage and personal injury compensation played the lawsuit. The court commissioned assessment agencies to assess the damage. Among them, the actual service life of Fukang cars has been close to 10 years. The market price for the same car for 60000 yuan. Motor vehicle according to the national Ministry of Commerce issued scrapping mandatory standards,The actual value of the car after depreciation of about 20000 yuan; according to the depreciation of motor vehicle insurance clauses agreed rate calculation, the actual value of less than 20000 yuan. ButThe evaluation results for the repair of the Fukang car needs more than 56000 yuan. The amount of the actual value of the repair up nearly 3 times. Finally, the vehicle insurance companies have to apply to the court for a re evaluation of Fukang car loss
Experts commented: the evaluation conclusion to repair the car needs 5 yuan, number should be no mistake, the problem is greater than the actual value in the case that the amount of repair, evaluation mechanism is commissioned to assess the amount of repair or commissioned to assess the actual value of vehicle? Consider from economy and fairness, this case should be presumed that the vehicle has been scrapped, did not repair the significance, can only measure the actual value of vehicle. In addition, the actual loss of motor vehicle insurance is the insurance limit compensation for motor vehicles, for part of the loss, calculation of compensation in accordance with approved repair costs, but shall not exceed the actual value of the insured motor vehicle; according to the actual value of the insured motor vehicle accidents when the new car to purchase price (including the vehicle purchase tax) minus depreciation amount after determining the price.

 

Case five
Vehicle depreciation loss should also be assessed

Dining in the hotel, Mr. Liu will be the new purchase car to the hotel parking attendant generation parking. Parking attendant improper operation will Mr Liu accord front damage. Hotel for Mr. Liu to pay fixed the car. Mr. Liu credentials accord 4S stores a paper that prosecution Hotel, claim loss of vehicle depreciation, the court rejected Mr. Liu's request. Mr Liu refuses to appeal again.
The expert comments on: the vehicle after repair is possible devaluation loss: one is the vehicle control, some use and safety performance through the repair can not recover completely; two is the two transaction price car accidents under the same conditions must be lower than that without the accident car. At present, our country law and relevant judicial interpretations not stated directly whether loss of vehicle depreciation belongs to tort compensation range, however, the judicial practice more and more cases to support compensation for loss of vehicle depreciation. Because, from the theory of tort law, tort compensation should implement the principle of full compensation, and the loss of vehicle depreciation is the objective existence; and the related judicial interpretation, the clear support for operation of the vehicle outage losses, compensation for loss of vehicle depreciation can refer to the judicial interpretation of the spirit. Obviously, the loss of vehicle depreciation also must be evaluated, identification. Mr. Liu is now facing the problem is, this evaluation is too subjective, must seek to methods and standards of evaluation objective. In addition, the range of vehicle depreciation loss and outage losses do not belong to insurance compensation, only by the infringer to compensation for traffic accident.

 

Case six
Vehicle accident shall be reported, not their own

Ms. Wu spring drive back home back to Sichuan, Guiyang way he seriously scuffed car chassis. Ms. Wu return eager, there was no reported to police and insurance companies, the scene did not take pictures, but in the local to find a repair shop for repair. After back to Guiyang find your claim with the insurance company, rejected.
Expert comments:Motor vehicle insurance clause insurance companies also agreed: should notify the insurance company within 48 hours after insurance accident happens, otherwise cause loss could not be determined, the insurer shall not bear the liability of compensation. Ms. Wu did not fulfill the obligation of notification, and cannot prove the authenticity of the accidents and losses, China Insurance Company is reasonable.
Special remind: suppose Ms. Wu did not immediately report to the insurance company, but there is real evidence to prove that the accident, loss or liability, insurance companies should also be compensation.