Loss of vehicle road traffic accidents in Henan Province Interim Provisions
Created:
/Author:
Aaron Lewis
Loss of vehicle road traffic accidents in Henan Province Interim Provisions for identification of valuation
Article 1 for the timely, accurate assessment of
traffic accident of vehicle loss value, guarantee the traffic accident compensation mediation objective, justice, safeguard national, corporate, civic and other organizations of the legitimate rights and interests, according to the "PRC price law", the State Council "approach to road traffic accidents", the State Development Planning Commission "price certification management method", the Ministry of public security "road traffic accident handling procedures", the State Planning Commission, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security "on the issuance of<Seized, confiscated items recovered, appraisal management approach>Notice "and" Henan province price appraisal approach "and other relevant laws, regulations, the enactment of this provision.
As mentioned in the present Provisions Article second
loss of vehicle road traffic accidents are caused by road traffic vehicles (including cars, electric cars, battery cars, motorcycles, tractors, wheeled machinery), vehicle, road, road goods (refers to the city streets and alleys, Li Xiang, and public squares, public parking lot for vehicles, pedestrian access local), road facilities (including traffic engineering facilities, toll facilities, greening etc.) and other except the personal injury of the direct loss of goods.
As mentioned in the present Provisions Article third
loss of vehicle traffic accident appraisal appraisal, is refers to according to the relevant provisions of the state of traffic regulations, price regulations, in accordance with the provisions of the program, the price in mind measures and standards, the loss of vehicle accidents of the value of an appraiser and complex nuclear ruling.
Road traffic accidents caused by the administrative area of fourth
our province within the loss of vehicle, according to the provisions of the valuation expert.In general the following traffic accidents, traffic management departments of public security according to the value of the loss of the accident no dispute of simple procedures of traffic accidents or to be solved through consultation by the parties, not an appraiser.
Fifth
bear the loss of vehicle valuation of identified loss of vehicle valuation appraisal institutions must be above the provincial price departments issued "the goods price evaluation assurance agency qualification certificate"; engaged in road traffic accident loss of vehicle price appraisers must be issued by the Department in charge of prices above the "price assessment certification qualification certificate".
Sixth
where in the territory of Henan Province, road traffic accidents caused by loss of vehicle needs assessment identified, in principle by the traffic control department of the public security entrusted a local loss of vehicle valuation appraisal institutions appraisal appraisal.When necessary, can only entrust other price appraisal qualification appraisal institutions appraisal appraisal.
Seventh
public security traffic management departments entrusted price verification agencies valuation appraisal, commissioned by the unit to fill in the "road loss of vehicle traffic accident appraisal appraisal of attorney".An appraiser of attorney shall specify the unit, vehicle type, vehicle license plate number, engine number, chassis number, damaged and damaged goods name, specifications, types, quantity, time and place of the accident and other related information and provide relevant information.
Eighth
road traffic accident loss of vehicle frame should be lawful, scientific, fair, open principle.
Ninth
valuation appraisal institutions to accept the loss of vehicle traffic accident loss of vehicle traffic management departments of public security valuation commissioned, should be in the3Days of the client "loss of vehicle road traffic accident appraisal appraisal conclusion book" and "road traffic accident vehicle property valuation identification list", complex, commissioned by the Department, can be extended2Day.Except as otherwise agreed.Road traffic accident appraisal loss of vehicle identification should be used by the Provincial Planning Commission, Provincial Public Security Bureau unified document format.
Tenth
loss of vehicle valuation appraisal agency issued the "loss of vehicle road traffic accident certificate of valuation" is the treatment of traffic accident compensation insurance claims and mediation basis, any unit and individual shall not be changed without authorization.An appraiser for loss of vehicle, shall be borne by the public security traffic department to inform the parties involved in the accident scene.If the parties fail to be present, the Public Security Department of transportation and the loss of vehicle valuation appraisal institutions should be recorded, does not affect the skeleton firm work.The car, car goods insured, the insured shall notify the insurance company to full-time staff, professional insurance companies not to the scene, the public security department and the loss of vehicle valuation appraisal institution shall record, does not affect the valuation appraisal work.The accident vehicle valuation appraisal should follow the main repair, replacement by the principle of.The quality of parts of the vehicle or assembly to peer, ensure safety, ensure the service life, ensure the vehicle technical performance and appearance restored before the accident situation.
Eleventh
car goods, road property, method for identification of traffic facilities and other items of direct economic losses and the standard according to the state and the relevant provisions of.
Twelfth
accident when the parties have objections to the appraisal conclusion, can receive the "loss of vehicle road traffic accident appraisal appraisal conclusion after the book"3To deal with the accident the traffic administrative department of the public security to apply for re evaluation and identification, traffic management departments of public security can be re commissioned the original valuation agencies or other valuation agencies re assessment to identify, and issue the "loss of vehicle road traffic accident re valuation appraisal conclusion book".In case the accident when the parties still have objections, the price authentication center can be set up to the provincial price departments to review the application for adjudication, the provincial Price Certification Center after accepting the entrustment, in10Make the "road traffic accident loss of vehicle review valuation appraisal conclusion book" working days, except as otherwise agreed.Issued by the provincial Price Certification Center of the "road traffic accident review valuation appraisal conclusion book" as the final conclusion.The accident when the parties still have objections to the final conclusion, to the provincial public security department, the Provincial Planning Commission to submit a written application, the provincial public security department, the Provincial Planning Commission established Henan province road traffic accident vehicle loss price ruling Committee ruled.
Thirteenth
road loss of vehicle traffic accident appraisal appraisal of paid services, by the loss of vehicle valuation appraisal institutions in accordance with the provisions of the standard fees charged to the client, the parties involved in the accident in advance, to be settled by the liability according to the percentage of the responsibility.
Fourteenth
car damage appraisal appraisal personnel should seek truth from facts, integrity.If found to have resort to deceit, play favouritism and commit irregularities for personal gains, behavior, once verified, hair serious processing; to violate the law, shall be investigated for legal responsibility.
Fifteenth valuation appraiser should be avoided in temporarily run under any of the following circumstances:
One is the case or a close relative of the party;
Interested two himself or his close relatives and the case:
There are three other relationship with a party to the case, may affect the fair value loss of vehicle.
Sixteenth
accept traffic accident damaged vehicle repair business manufacturers, they should understand the relevant content of vehicle damage condition and damage assessment to identify the book, in accepting the repair business at the same time, as the car damage assessment appraisal conclusion, and should ensure the repair quality and undertake corresponding obligations, issued at the same time repair completion certificate.In the repair process if there is a missing component, the parties shall submit a written application to the supplementary identification to the traffic administrative department of public security and loss of vehicle valuation appraisal institutions, supplementary identification no longer charges.
Seventeenth
Henan province road traffic accident vehicle valuation expert specifications shall be formulated separately by the provincial development and planning commission.
The eighteenth
stipulated by the provincial development and Planning Commission, the provincial public security department in charge according to their respective duties and interpretation.
Nineteenth the provisions shall enter into force on the date.