Lawyers weapon: damage, loss insurance company price is lower than the actual repair costs?

With the increasing of people's living standard, automobiles have gradually entered the home of ordinary people. More cars, more complex road conditions, vehicle accidents. The owner driving the car appeared in the process of collision, collision, wipe the accident, causing the body to varying degrees of damage. Encountered such a situation, the general process is: 1, call the insurance company phone. 2, the insurance companies charge member damage loss. 3, the owners pay the cost of repairs. 4, repair factory repair invoices issued. 5, the owners can repair invoices to the insurance company for compensation.

But the actual situation there will be loss insurance company the price and the actual price difference between the repair shop repair, especially high-grade car repair costs hundreds of thousands of, the insurance company insurance price difference with the actual repair expense may be borne by the owner, in this case the owners should be how to safeguard their own interests? The author had agency owners sued the insurance company, insurance companies lose court final judge, judgement insurers to pay all the repair cost and appraisal cost. In the process of the proceedings, the author found that the owners have many flaws in the treatment of such insurance dispute process, according to these defects, the author lists some matters needing attention, for all owners of a friend reference:

Note a: all retained when the accident happenedEvidence

The vehicle is in daily use process if the bike accident (collision that own carelessness in driving or parking time) if the collision is more serious in the insurance customer service phone puts forward requirements seriously damaged vehicles, surveyor to the site must be loss. If the loss will be then said to have difficulty, must use a mobile phone to record the scene of the collision (photo and video). If there is more than two vehicle traffic accidents, in addition to the above requirements, must also require the police arrived at the scene, and issue the accident responsibility confirmation.

Note two: requirements for insurance companyRe estimationOn balance, part of theNegotiationNot less

Vehicle loss, the insurance company loss will be issued by the loss, if the loss of price and the actual cost of repairs gap should call customer service telephone, explained the situation, and the insurance company requires the re estimation. Part of surveyor will require the owners to sign the insurance list, owners think sign that loss price, in factWhether or not to sign, will not affect the balance after appeal to the insurance company. The loss if the amount is relatively low, the owner should also with the insurance company customer contact requirements negotiation, if the other partyDo not actively participate in the negotiation, can be sued directly.

Note three: don't mentionBefore a lawsuitCommissioned by the appraisal department to identify vehicle damage

Many owners of the garage can not grasp the repair cost range, worried that China Insurance Company, therefore, before bringing a lawsuit entrust appraisal department was analyzed, according to the appraisal price proceedings. The author thinks that if to do so, the court is likely toIdentification of cost determination for the owners will not be the actual loss, resulting in not supported by the insurance company to assume the appraisal cost request. The author suggests that the owner may require repair plantEstimateReasonableSpare parts costs and manual repair costs, directly after theEstimateAs the total claims. Because in the course of legal proceedings, if the insurance company does not approve the request, from the insurance company for identification, identification fee shall be borne by the losing party. In addition, whether the vehicle repairs completed does not affect the identification results,The owner can be completely normal repair after normal use.

Note four: repair process could not add unnecessary repair project

Owners need and repair plant communication, only repair due to accidents caused the reasonable repair project, can'tIncidentally.Daily loss parts lead to non accident for replacement or repair. If the assessment in the identification process mechanism found not repair costs, is likely to affect the final judgment.

In addition to the above three items need to pay attention to, the owners should also be good at work:

1, chooseHigh qualityInsurance company.

Insurance company insurance prices down and loss will be the so-called "I only so much, you can not go to the insurance company to engage in a lawsuit", is a serious irresponsible behavior, the insurance company to seize the customer cannot bear the litigation costs and time to violations of the legitimate rights and interests of consumers of mental.

2, read carefullyContract of insurance

After reading many owners insurance, insurance contract is not the owner carefully, read carefully, especially in the contractDeepen the bold part.

The concept of 3, excluding the deductible

Non deductibleAs an additional insurance car insurance, car owners for this danger to plant, will be the owners because the accident responsibility compensation (according to its own responsibility size from5%To20%) to the insurance company,In the purchase of insurance, the owner should give the car damage insurance and third party liability insuranceRespectivelyThe non deductible insurance, make their own physicalLose rights to maximize. The author suggested that the owner must buy.

4, vehicles and insurance exemption

First of all, if no vehicles and vehicle accidentsCausal linkThe insurance company cannot reject. Secondly, the vehicle accidentModified damage, will not claim the insurance company.

5, other insurance companies disclaimer situation

The vehicle is not in conformity with the provisions of relevant laws and regulations, standards, on the road driving personnel do not have the relevant vehicle quasi driving qualification etc.

In general, the insurance company insurance amount and the actual repair costs if there are differences, every car as long as you pay attention to these details, the prosecution to the court, the judge will make payment for actual repair expenses claim the insurance company. From the prosecution case, usually no more than a month.

If you have other questions about vehicle claims owners, and I welcome to call the advisory!

Thank you for reading!

Beijing Zhongyin law firm (Nanjing)

Chen GuanxiongLawyer

13913966013

Chengx@zhongyinlaw.com

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