Guangdong Haifa law firm  Zheng Shuihe lawyer

A,  The legal basis for the road traffic damage compensation disputes that outage loss

   "General rule of the civil law" provisions of article 117th:" The occupation of the state, the collective property or the property of another, shall return the property, not the return of property, it shall pay compensation at the market price. Damage to the state, collective property or the property of another, should be restitution or compensation for discount.If the victim suffers other serious losses, the infringer and shall compensate for the losses."

    1999The release of the Supreme People's court "about the road traffic accident damage to property if included provisions approved" loss of vehicle outage losses problem:In the cases of traffic accident damages, if the vehicle was damaged in the carriage of goods or passengers for transportation business, claims to repair damaged vehicles lost during the outage, traffic accidents should be responsible for compensation.

Two,  Road traffic accident outage losses identification of business operation

The aggrieved party proposed outage losses claims in the lawsuit, can not stay in the level of most probably it did not actually happen, must provide the damaged vehicles issued price certification sector outage loss price certification report as evidence, will it be possible to get the support of the court.

Lawyer was questioning the parties because of accidents caused by road traffic accident economic loss, if the understanding to the parties for traffic accident causes of service for a long time, but the price authentication agency advises the parties to have qualified for outage losses identification, in order to claim. If the parties by time or legal knowledge is insufficient reason not to understand the relevant operation, suggest the party entrusts a lawyer to apply for outage losses identification.

(a) signed a "non litigation legal affairs agency contract", clear both parties, agency authority, acting time, fees and charges, to avoid unnecessary disputes.

 (two) the parties and lawyers signed the "non litigation attorney" in triplicate, one copy of lawyers signature, authentication institution, a cross party, an archive.

(three) the application materials should be loss of outage evidence identification

   1 A copy of ID card of the principal;

  2The power of attorney issued by the client to identify institutions "(" shall include the vehicle number plate, the identification period, request the client signature with the fingers);

3Impaired vehicle purchase and sale contract ("contract" or other original obtained evidence;

  4Impaired vehicle driving license copy;

  5The book "the road traffic accident";

  6Buckle car accident the traffic police certificate;

7The damaged vehicle repair repair, ex factory certificate, proof of payment instruments repairs;

8 the damaged vehicle "road transport permits" or other operating license

9 the damaged vehicle accident a year before recording drive or the contract of carriage;

10 other related materials.

(four) for identification of bodies, entrust

 1To state the case, to identify the identification of personnel;

2The attorney client and authentication institutions signed orders, agreed conclusions submission time;

 3Provide relevant evidence copy, receipt or certificate issued by the appraisal institutions;

 4For the identification of the conclusions.

Four, risk warning

(a) the risk identification mechanism selected.

  Identification of institutions for damage identification of individual courts have special requirements: (1) some court clear outage losses identified parties burden of proof, do not belong to the court to entrust the identification range; some courts accept if the court entrusted appraisal application; (2) some courts require authentication institution judicial identification of qualification corresponding, otherwise not to adopt relevant appraisal conclusion (3Some courts require authentication institution) must be commissioned into the judicial authentication institution roster, appraisal conclusion appraisal institutions or not to register the objection on the other side of the case for re identification. This requires lawyers in the early must understand appeals to judicial identification of "local policy", in order to avoid useless.

(two) the court of judicial policy risk of outage loss

  Individual court support subjective calculation of the outage losses of the victim, but some court identification conclusion, otherwise rejected; individual court support vehicle by the traffic police department seized during the outage loss, but also some not supported. This determines the lawyer not only from the perspective of law, but also by colleagues, peers and other ways to understand the court policy assurance degree.

Zheng Shuihe lawyer contact:

 Office address: Maoming City, Guangdong Province, the high cold North Road No. 2, Ho Fung Building 4 floor.

 Office telephone: 0668-2897563

 Mobile phone: 15119744349

 Electronic mailbox:Waterriver2012@126.com   

 Sina blog:Http://blog.sina.com.cn/camuszheng