The Jetta car accident case analysis and decision - inspiring oh

Evaluation object
    The evaluation of vehicle brand models (Jetta /FV7160CIF C number (A-***); Sichuan); the engine number (534098); the vehicle identification code (LFV2A51G27308*****); registration date (2007 September); the annual inspection (2009 to September); purchase tax certificate (√); road maintenance fees, insurance and complete and effective vehicle use tax (; √).
Abstract test case
    August 5, 2008 zero hour 10 points made in Chengdu to Chongqing toll station, Zhao * * driving min A-***** truck way accident site, because not in accordance with the standard operation safe driving, cause and front parking leaves waiting * * driving Sichuan A-***** Jetta car collided, Chuan A-**** * car together with Xiao Huiqin driving ahead waiting Hunan J-***** collided, causing damage to three vehicles, two. Police identified the Zhao * * in violation of "Road Safety Act" twenty-second the provisions of the first paragraph, the illegal act is the only fault accidents, according to "road safety regulations for the implementation of the law" the ninety-first regulation, by Zhao * * bear the full responsibility for the accident, car damage and take the three car, Chuan A-***** Jetta car by accident damaged serious losses, the price appraisal standard vehicle losses as the Sichuan A-***** Jetta value.
        The cause of the things is like this, this is the basic condition of Jetta owners looking for us to do the evaluation report.
   Because it is a court to our principal, comrades in court of delegation, also devoted to our company to inspect judicial identification, oh, we're not the first case, do better, and we the judicial authentication is Sichuan and even the whole country is only one one in the report to detailed calculation process for listed companies. This is be obvious to people in the industry drops.
    About this case, I also want to say that, in which one of the insurance company is also an important role. Because after the accident, the insurance company for Jetta car loss is 20000 yuan, but the 4S shop repair is 50000 yuan, so, this deadlock situation, the owners will find price bureau and certification center identification of vehicle loss price, the price is 50000 yuan loss. Finally, the owners commissioned by the court in our judicial appraisal of vehicle loss price Jetta car, in this case, we were ordered to do identification report Jetta car.     I often say that when the class to the students, "said de go off, say not to take off only to". That is to say any data that you take in the report must have the source, to reason and evidence, not your imagined a data, or you want to achieve a certain price objective, most probably it did not actually happen will certainly make a data, it is untenable to drop.
     Below is the Jetta car Verdict (part)
        This house believes that the defendant: Zhao Chen * * * driving all the JAC brand truck freight way into South Highway 104KM+200M, because of not according to norms of operation safe driving and accident leaves waiting queue in front of the * * * driving a Jetta car collided, causing Sichuan A***** Czech of car and the vehicle in front the car collided, causing three damage of traffic accident. All responsible for the accident that defendant Zhao * * by the traffic police department in accordance with the terms of reference made by accident, the court for confirmation. And Sichuan A***** Jetta car compared with the min A*****, JAC brand truck belonging to the third. But min A***** transport vehicle before the accident to the insurance company insurance compulsory insurance, according to the provisions of the first paragraph of "motor vehicle traffic accident liability compulsory insurance regulations" twenty-first, the insured motor vehicle road traffic accident caused by the insured person other than the loss of victims, property, by insurance companies in accordance with the law in the motor vehicle traffic accident caused by the insured person outside of the victim, property loss, the insurance company in accordance with the law in the motor vehicle traffic accident liability compulsory insurance liability limit within the scope of compensation, namely, the insurance company should first the plaintiff to pay for property loss of 2000 yuan. The damage identification conclusion * * County Price Bureau Price Certification Center to make, confirm. The insurance company is with the plaintiff and defendant, Chen * and repair of damage to the vehicle project to confirm the signing, but the loss amount of interest in the insurance companies in the Institute, the Institute shall not be accepted. The Institute entrusted by the plaintiff to apply for Chengdu old vehicle appraisal conclusion Xingzhong letter Advisory limited judicial identification of, to be recognized. The accused Zhao * * behavior as their behavior, it should bear the responsibility of the defendant Chen * bear. According to the reply of the Supreme People's Court on the motor vehicle third party liability insurance in nature, nature of the third party liability insurance as commercial insurance. According to the "insurance law" provisions of the first paragraph of the people's Republic of China in fiftieth, the insurer of liability insurance of the insured to third party damage, in accordance with the law or the provisions stipulated in the contract, directly to the third party compensation insurance, the insurance company shall be the defendant to pay duty truck traffic in No. third accident min A***** liability insurance limit. The accused Chen * has been to advance the damage identification fee of $3100, vehicles towing fee 800 yuan, total 3900 yuan, by its own and the insurance company consultations, the case without trial.The plaintiff claims the Chuan A***** Jetta car costs 54865 yuan, depreciation costs 35613 yuan,Vehicle identification fee, before litigation costs 4000 yuan, total 94478 yuan litigation request, the court shall support. In accordance with the "PRC Civil Procedure Law" 130th, "the people's Republic of China Road Traffic Safety Law" article seventy-sixth, "general rule of the civil law" 106th paragraph second, "the people's Republic of China Insurance Law" fiftieth paragraph first and "motor vehicle road traffic accident compulsory insurance regulations" article twenty-first the first paragraph, the decision as follows:
The defendants, Cheonan insurance Limited by Share Ltd Fujian branch in the motor vehicle road traffic accident compulsory insurance liability limit within the scope of the compensation for loss of leaf * * vehicle costs 2000 yuan.
Two, the defendant to the plaintiff Chen * * * compensation for damages leaf vehicles (54865-2000) =52865 yuan, the defendant, Cheonan insurance Limited by Share Ltd Fujian branch under the contract agreed to pay the third party insurance limit.
Three, the defendant to the plaintiff Chen * * * for leaf vehicle depreciation costs 35613 yuan (including paid 19200 yuan).
The one or two, three, limit the entry into force of this ruling within 10 days after discharge.
If the defendant failed during the judgment in fulfilling the obligation to pay money, should be in accordance with the "Regulations of PRC Civil Procedure Law" article 229th, double payment of interest on debt during the delay in performance.
The 1100 yuan of case acceptance fees, appraisal fees, before litigation costs 4000 yuan, total 5100 yuan, Chen * burden by the defendant.
Any party who refuses to accept the decision, the verdict can be delivered within 15 days, submit the written appeal to the court, and the copy number according to the other party, appeal to * * City, Sichuan Province, the intermediate people's court.
       Finally, I want to speak, the insurance company as a sales insurance group, to buy insurance when everyone is happy, but when the owner after the accident occurred, but not according to the actual repair damage, a deputy to repudiate countenance, not doing drops. You that when athletes and coaches, this can not. We have to pick up the legal weapons to defend their rights and interests!