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Hello. The other party can pay in advance, or you can find the insurance company to pay in advance, and on the issue of compensation, the insurance company will compensate first, and then the fully responsible party will compensate for the shortfall.
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As long as the other party has an insurance company, you don't have any problems with the advance, and you can't delay your trip because of scratches.
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This requires the other party to pay in advance, and the other party will pay the other party if he takes the insurance, and if he doesn't pay, the traffic police will detain his car.
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If the two cars are scraped against each other, the party responsible for the accident is fully responsible, and the handling of the repair fee can be negotiated by both parties. In general, there are the following ways:
1. The perpetrator pays the relevant expenses in advance;
2. Pay the relevant costs for self-repair, and then compensate by the perpetrator;
3. If the car is repaired at the repair shop designated by the insurance company of the party causing the accident, the insurance company shall settle the settlement directly with the repair shop.
The insurance indemnity provisions are as follows:
The insurer may directly compensate the insured for the damage caused to a third party.
If the insured causes damage to a third party, and the insured's liability for compensation to the third party is determined, the insurer shall, at the request of the insured, directly compensate the third party. If the insured fails to make a claim, the third party has the right to directly claim compensation from the insurer for the part of the compensation to be paid.
If the insured causes damage to a third party and the insured fails to compensate the third party, the insurer shall not compensate the insured.
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It is recommended that you deal with this situation: first of all, both of you should first report the insurance, let the insurance company collect the certificate and take the photo, and then record the case at the police, whether you are fully responsible or not, but this is the process, and the money does not need you to pay this first, the insurance company will reimburse you, but in the end, how much money you have to give depends on what insurance you are reporting, most of them are reimbursed by the insurance company, and it is just a rub, not much money, no need to worry, Remember to report the insurance to the Xiaoxian company first, let them deal with it, but if the wipe is not bad, I suggest you still private, because the reimbursement trouble is that you apply for insurance, the next compensation and the insurance premium will increase accordingly, there is no need, it is better to report the insurance if you are bad, and if you lose a lot of money, it is recommended that you deal with it yourself, and everyone does not want to be so troublesome.
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You can pay in advance and then get the invoice to the insurance company for reimbursement. But be sure to call the insurance company to come to the scene.
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Hello dear, glad to answer for you. According to the normal procedure, you need to pay in advance. If the other party is willing to pay directly, you can negotiate with the other party and have the other party pay; You can also pay in advance and claim compensation from the other party with the bill afterwards. <>
Traffic accident compensation process: 1. On-site investigation by the traffic department. After the traffic police department reviews the on-site investigation records, it shall require the parties or witnesses to sign the scene map.
For the purpose of inspection, the vehicle involved in the accident and the relevant documents of the parties may be detained. 2. Determination of traffic accident responsibility by the traffic department. After investigation, the traffic police department shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of the traffic accident and the severity of the fault.
3. The transportation department organizes compensation mediation. After confirming the end of the injured person ** or determining the result of the damage, if the parties to the accident agree to carry out compensation mediation, the traffic police department can organize mediation. The number of mediations is generally not more than 2.
If the mediation fails, fill in the "Mediation Conclusion Letter" and inform the parties to file a lawsuit with the people's court within the statutory limitation period. It is also possible to file a lawsuit directly with the people's court without applying for mediation. 4. Filing a lawsuit with the people's court.
Entrust a lawyer or file a lawsuit in the people's court on your own, and generally file a lawsuit in the basic people's court at the place where the accident occurred. During the court proceedings, the parties may mediate under the auspices of the court and reach a mediation agreement. If mediation fails, the court shall make a judgment in accordance with law.
5. Apply for compulsory enforcement. If the person obligated to perform the judgment fails to perform the obligation to compensate within the time limit determined by the judgment or mediation, the plaintiff may apply to the people's court for compulsory enforcement, and the court enforcement bureau shall enforce the obligation to perform the obligation of compensation to the obligor for compensation. <>
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Legal analysis: It is not necessary to advance the money in advance for the maintenance fee of the other party. According to the new insurance law, after the traffic accident case is closed, there are two situations in which the insurance company can compensate the insurance company based on the invoice and the evidence of maintenance materials.
First, if the insured pays the repair costs in advance, the insurance company may pay the insurance money to the insurer. Second, if the victim pays the repair costs in advance, the insurance company may also pay the insurance money directly to the victim.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.
1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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Legal analysis: you can negotiate with the other party, and the other party pays; You can also pay in advance and claim compensation from the other party with the bill afterwards.
Legal basis: Article 700 of the Civil Code of the People's Republic of China The guarantor has the right to recover from the debtor after assuming the guarantee liability. The guarantor has the right to recover from the debtor after performing the debt.
The right of recovery enjoyed by the guarantor is essentially a right of subrogation, that is, after the guarantor repays the debt, it replaces the position of the original creditor and forms a creditor-debtor relationship between it and the debtor.
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Summary. Dear, good owner. The other party is fully responsible, and I don't need to pay for the car repair.
The law does not stipulate that the fully responsible party must pay the repair fee in advance, but for those who need to be rescued, the rescue cost is generally paid by the insurance company within the liability limit, and other expenses can be negotiated to pay, and the negotiation can only be resolved through litigation. Article 28 of the Traffic Law: If the insured motor vehicle is involved in a road traffic accident, the insured shall apply to the insurance company for compensation for insurance money.
The insurance company shall, within one day from the date of receipt of the compensation application, inform the insured in writing of the proof and materials related to the compensation that need to be provided to the insurance company. Article 29: The insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.
The other party is fully responsible, do I need to pay the repair fee in advance?
Dear, good owner. The other party is fully responsible, and I don't need to pay for the car repair. The law does not stipulate that the fully responsible party must pay the repair fee in advance, but for those who need to be rescued, the rescue cost is generally paid by the insurance company within the liability limit, and other expenses can be negotiated to pay, and the negotiation can only be resolved through litigation.
Article 28 of the Traffic Law: If the insured motor vehicle is involved in a road traffic accident, the insured shall apply to the insurance company for compensation for insurance money. The insurance company shall, within one day from the date of receipt of the compensation application, inform the insured in writing of the proof and materials related to the compensation that need to be provided to the insurance company.
Article 29: The insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.
Legal basis: Article 21 of the Measures for the Administration of Travel Agency Liability Insurance After receiving the request for compensation insurance and relevant certificates and materials, the insurance company shall make a timely verification; Where the circumstances are complicated, an assessment shall be made within 30 days, unless otherwise agreed in the contract. The insurance company shall notify the travel agency and the injured tourists, tour guides and tour leaders of the verification results; For those who are liable for insurance, the obligation to compensate for insurance money shall be fulfilled within 10 days after reaching an agreement with the travel agency to compensate for the insurance money.
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According to the relevant laws and regulations of the Road Traffic Safety Law, traffic accidents should be compensated according to the responsibility of the traffic police, and if they are fully responsible for the traffic accident, the cost of repairing the car should be paid by themselves.
Article 21 of the Measures for the Administration of Travel Agency Liability Insurance shall be approved in a timely manner after receiving the request for compensation insurance and relevant certificates and materials; Where the circumstances are complicated, an assessment shall be made within 30 days, unless otherwise agreed in the contract. The insurance company shall notify the travel agency and the injured tourists, tour guides and tour leaders of the verification results; For those who are liable for insurance, within 10 days after reaching an agreement with the travel agency to compensate the insurance money, You Zhiwei will fulfill the obligation to compensate the insurance money.
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