How the vehicle in the traffic accident loss

Author: Kunming Xian Chang Lun law (telephone:13629475028)

2010Years8Month2Day14:00Buick, Zhao Mouxin bought a car less than2000Kilometers, is Lee's the Great Wall car chase in the tail, the police found Lee negative accident responsibility. In the car and the lossThe issue of compensationOn both sides have contradictions, Li, Zhao car should be from his insurance company claims, compensation and then in accordance with the insurance price. Zhao agreed to their proposal. But theThe insurance company claimsMember price for the loss4000Yuan, Zhao actual repair cost8000Element. Both sides have differences in compensation, Zhao consulting seek professional counsel.

The core problem of this case is Lee insurance company loss results can be used as the basis of compensation? For a long time, the insurance company claims has become common practice, in the eyes of the insurance company, by their loss is as unalterable principles. He set the standards you don't agree with he wouldn't claim. Many insurance companies are considered according to the relevant provisions of the state, can give the car accident loss. In the past, tens of thousands of car did, now every day is still doing it. One insurance company claims for loss of different results are not the same, even if the same claim different surveyor loss results are not the same, most of them by eye estimation made out loss price, lack of authority and standard.

The author thinks, the legal qualification of insurance companies don't have the loss. First, because the insurance company not by the relevant departments of the state according to law, that the legal qualifications of the assessment unit. The insurance company "loss", is only between the insured and the insurance company to determine a reference basis for the amount of the claim. And this reference only in the premise of the insured recognized, it has a legal binding corresponding. Second, the driver as an insurance company to the insured, there is a close relationship between the interests of the insurance company, insurance company, insurance price, how much is directly related to the insurance company to assume the compensation amount, the fairness of the lack of evidence. The insurance company as the accident damaged vehicles compensation unit, not only the evaluation of vehicle damage, and compensation, some also repair, all monopolized car damage compensation market, one said to calculate, from the law lost equal relationship with the insured. Third, the insurance company to estimate loss price, as damaged vehiclesRestitutionThe actual cost, its accuracy is based on the lack of.

So, in the case of Zhao vehicle after a traffic accident, how to give your car insurance? In addition to both sides recognized loss insurance company accident, one is supposed to professional units assessment qualification (such as with prices firm, each district and county of Kunming City owned firm price, and some Professional Company. They are the qualification examination qualified by the development and Reform Commission of Yunnan Province, Yunnan province and made the property price appraisal agency qualification certificate. At the same time, unit who is court approved assessment qualification) To determine the actual loss price as the standard, two is caused by the people's court to sentence loss price.

Through the above analysis, since the accident the dispute to the insurance company loss results, Zhao to protect their own interests and the most effective way is to directly to the people's court in civil procedure.

So the author has made in obtaining authorizationThe accident responsibility confirmationThe vehicle driving license, copy, insurance contract, invoice, repair repair project list and the owner of identity card, (if it is enterprise or business unit, must submit a copy of the business license or enterprise code certificate,Legal representativeOr the person responsible for the qualification certificate) Submit a petition to the court, Zhao loss upheld by the courts and Lee compensation.

In the case of Lee in the Zhao compensation, can be in court decisions and the ticket to the insurance company claims. If Lee in Zhao prosecution before the prosecution of the insurance companies, the insurance company should compensate. If Wang sued the amount of the difference, the remaining part of the loss, the insurance loss occurred after, in the insurance limit, the insurance company shall make compensation again.

The accident vehicle damage in the public security organs under the auspices of the parties, to participate in, hire professionals were identified, involving insurance car, called the insurance company to participate in, car damage is determined by the parties, optional factory repair vehicle, the traffic police department shall not specified or designated repair factory.

After a car accident, if your insurance company designated specialized factory is your car insurance company specializing in plant, the general to the vehicle damage insurance can center. When the price difference is not great loss. Vehicle damage mode which is currently the most common.

If your insurance company as specified by the specialized factory is not your car in the factory, or both parties disputed the results of the loss, may entrust a specialized units to assess the quality of determining the actual loss, or to the people's court to sentence loss price.