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Legal analysis: 1. The two parties shall determine a specific amount of compensation through negotiation.
2. If the injured party can provide the specific items damaged and the corresponding amount, the responsible party may be required to compensate according to the corresponding evidence.
3. If the specific amount of the loss cannot be provided, the price department can be entrusted to evaluate the fire loss, and the valuation result can be used as the basis for the claim.
Legal basis: Article 51 of the Fire Protection Law of the People's Republic of China The fire rescue agency has the right to close the fire scene as needed, investigate the cause of the fire, and count the fire losses. After the fire is extinguished, the unit where the fire occurred and relevant personnel shall protect the scene in accordance with the requirements of the fire and rescue agency, accept the accident investigation, and truthfully provide information related to the fire.
According to the fire scene inquest and investigation and relevant inspection and appraisal opinions, the fire rescue agency shall make a fire accident identification certificate in a timely manner as evidence for handling the fire accident. Therefore, the verification of fire losses falls within the administrative authority of the public security and fire protection agency, and the determination of the cause of the fire and the supporting materials of the verified fire losses made by the public security and fire protection agencies are the prerequisites for initiating a civil lawsuit. Therefore, the fire department should be required to verify the fire damage, determine the cause of the fire, and claim compensation from the responsible party.
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The actual loss and appraisal assessment of the property caused by the fire is to determine the amount of the actual loss by making a detailed assessment and determination of the property damage caused by the fire. This process involves the following steps:
Fire Scene Investigation: Conduct a detailed investigation and survey of the fire scene. The assessor records burned or damaged buildings, property, and other relevant information. This includes the building's structure, equipment, furniture, inventory, etc.
Assess Property Value: The appraiser will determine the actual value of the burned property. This may include working with a building appraiser, professional appraiser, or relevant specialist, considering factors such as market value, degree of depreciation, repair costs, and replacement costs.
Damage Calculation: Based on the information collected and the assessed value, the amount of the actual damage to the property caused by the fire is calculated. This may include building repair costs, replacement costs for equipment and property, business interruption losses, and more.
Preparation of assessment report: Organize the assessment results into a report form, detailing the actual property damage caused by the fire and the basis for the assessment. The report usually includes a list of damages, a calculation of the amount of damage, and relevant supporting documents.
Appraisal assessment: In some cases, an appraisal assessment may be required to confirm the accuracy of the assessment. An appraisal may involve the involvement of multiple experts who will independently review and validate the assessment report.
The purpose of the actual loss and appraisal assessment is to provide the insurance company, claims processing, and reconstruction programs with accurate amounts of property damage. They need to rely on the knowledge and experience of professional appraisers, architects, appraisers and related specialists. If you need to conduct an actual damage and appraisal assessment of fire property, it is recommended to work with a professional appraisal agency, insurance** or relevant experts to ensure the accuracy and reliability of the appraisal process.
If you have any questions about the assessment, please nod your head and answer all questions.
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