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Insurance compensation is limited to the actual loss of the insured, which is a basic restriction, that is, when the property of the insured suffers losses, the insurance compensation should be limited to the actual loss suffered by the insured.
In the actual compensation, since the value of the property often changes, when handling the compensation case, the actual value or market value of the property loss at the time shall prevail, and the compensation shall be made according to the actual loss of the insured.
If an enterprise insures property comprehensive insurance and determines the insurance amount of a certain type of fixed asset of 300,000 yuan, and a major fire accident occurs and causes all of it to be damaged, the market value of such fixed assets is 250,000 yuan at the time of loss, and the insurer compensates the insured for 250,000 yuan according to the actual loss.
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Presumed total loss refers to the fact that the insured object has not yet reached a state of complete damage or total loss after the occurrence of the insured event, but in fact the total loss is unavoidable; or the cost of repairs and salvages will exceed the insured value and will be considered a total loss.
The specific compensation standard calculation method is: the actual compensation amount of the new car purchase at the time of the accident** (the purchase of the new car at the time of the accident** the scrapping life and service life of the vehicle stipulated by the national law).
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The invoice amount does not represent the amount of your insurance, but whether you choose to be fully insured or not. I can guarantee a car of 100,000 yuan for you at 50,000 yuan, and if you have a total loss, of course, you will be compensated according to the amount of 50,000 yuan. Take a look at your policy and see how much it insured.
The things that are dismantled have nothing to do with you, the insurance company will keep it for itself, and it is their business to deal with it according to the amount of money, and you only need to compensate you for the actual loss. Surcharges and other expenses, insurance will definitely not compensate you, don't worry, brother, you admit it yourself. Who made you lose it all?
If the target car is lost after the compensation, go to the surrender immediately.
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If the insurance company agrees to compensate for the total loss, what is the amount of compensation for the total loss of the target car? This is what you have to be concerned about, how much does the actual value after depreciation differ from the amount of compensation? If mediation is not possible, it is recommended to resolve it through litigation.
As for the unreasonable cost of asking you to pay for the dismantling and repair of the engine first (this loss is always compensated by the insurance company), because the insurance company will sign a transfer agreement with you after the vehicle has been presumed to be a total loss, that is, the ownership of the damaged vehicle has been transferred to the insurance company, whether the vehicle is repaired or not is the business of the insurance company, and it has nothing to do with you in the future or into the second-hand car market, you should assist her in cooperating with the transfer of ownership of the vehicle in the future.
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1. The total loss of the car is also called the total loss car. If it is confirmed that the car is a total loss, the specific amount of compensation is not completely based on the amount on the policy. After the total loss of the vehicle, if the insured amount is higher than the actual value at the time of the accident, at this time, the calculation formula for the total loss of the vehicle is:
Actual compensation amount = (actual value at the time of insurance - residual value) * (1 - free odds). In another case, if the insured amount is equal to or low at the actual value of the car at the time of the accident, at this time, the compensation needs to be calculated according to the insured amount. Actual compensation = (insured amount - residual value) * (1 - free odds).
After the car is determined to be a total loss, the insurance company signs a tripartite agreement with the owner and the vehicle auction company, and the insurance company will pay compensation to the car owner and obtain the right to dispose of the vehicle at the same time. The insurance company entrusts a vehicle auction company to auction the residual value of the vehicle.
2. What does vehicle damage assessment mean? The usual vehicle damage assessment means that the insurance company's damage assessment personnel go out to the scene, shoot the accident, find out the damaged parts of the vehicle, determine the replacement or repair parts, and finally determine the amount of loss. To put it bluntly, it is the amount of the loss caused by the accident.
The most important thing in the above situation is that it takes effect only if both parties agree to the accident. There are also two ways to carry out vehicle damage assessment:
The first is to find a professional unit with assessment qualifications, and the actual loss determined shall prevail;
Second, the loss ** judged by the people's court in accordance with law shall prevail. Vehicle damage assessment is based on the construction principle of Qichang auction, through scientific and systematic professional inspection, testing and survey methods, a comprehensive analysis of the automobile collision and accident scene, the use of vehicle damage assessment data and maintenance data, the vehicle collision repair of scientific and systematic damage assessment and pricing. The damage assessment given by the insurance company is the overall loss of the car, but how much it will be paid in the end depends on the responsibility of the driver for the accident and what insurance the car has paid.
If you find a loss assessment company to re-assess the damage, you will have to spend extra money.
Extended information: For general insurance companies, it is necessary to go to a designated repair shop to complete the damage assessment. But in the end, it is up to you to decide which repair shop you are going to repair in.
Generally speaking, when making a car insurance claim, you often encounter the trouble of "high insurance and low compensation". The so-called high insurance and low compensation means that the insurance company determines the insured amount of car damage insurance according to the purchase price of the new car at the time of underwriting, and collects the premium according to this insurance amount, but when the insured vehicle is completely lost due to an insured accident, the insurance company only pays according to the actual value before the accident, rather than according to the purchase price of the new car confirmed at the time of insurance.
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Under normal circumstances, the presumption of total loss, the insurance company should follow the sum insured.
The full amount will be paid to you, and the residual value will go to the insurance company. When you buy insurance, you agree on how much the car damage insurance amount is, and when you buy the insurance, it is how much you will be compensated.
Presumed total loss refers to a state or degree in which the insured object of insurance, such as ship, cargo and freight has suffered partial loss, but has not yet reached the actual total loss.
The following are presumed total losses:
1) The insured loses ownership of the ship or cargo to the insured and the insured is unlikely to recover the ship and cargo depending on the circumstances, or the cost of repossessing the ship or cargo will exceed the value of the repossession;
2) In the case of damage to a ship, the cost of repairing the damage exceeds the value of the repaired ship after the insured danger causes damage to the ship. When estimating the cost of repair, the share of the other parties in respect of the repair cost shall not be deducted, and the subsequent salvage cost and the share of the general average payable by the ship if the ship is repaired shall be taken into account;
3) For damaged goods, the cost of repairing the damaged goods and continuing the goods to the destination exceeds the value of the goods arriving at the destination.
According to the "Regulations on Compulsory Insurance of Motor Vehicles".
To report the crime, you can choose to report the crime immediately or report it afterwards. Prepare the materials on your own, and generally report to the police station where the accident is located. Second, after the public security organ reports the case, it must immediately report the case to the insurance company, and it cannot exceed 48 hours after the accident.
According to the traffic police department's certificate of burial.
Divide the proportion of responsibility, and assume the corresponding responsibility according to the proportion of responsibility. If you are not satisfied with the accident certificate, you can apply to the traffic police department at the higher level for reconsideration within 3 days of receiving the accident certificate. Relevant civil compensation shall be made according to the traffic police certificate.
2. Damage assessment: After reporting to the insurance company, it is required to assess the damage within 48 hours, if you are not free to go to work, drive the car to the vicinity of the company, and wait for the insurance company to come to the door. A simple car damage is to pat the **, look at the accident sheet, and then open a damage assessment order.
If there is any objection to the amount of the claim issued by the loss assessor, it is necessary to find out which aspect of the dispute occurs, and if the negotiation fails, you can jointly entrust a qualified third-party appraisal agency with the insurance company to appraise the loss. It is best to negotiate clearly on the spot.
3. Claim: After repairing the car and issuing an invoice, it is convenient to go to the insurance company's office and submit a claim application. It is recommended to choose to have the insurance company bank transfer.
Advice: If you still don't understand, please consult a professional. One more insurance, one more protection.
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Legal Analysis: A total loss of a car is not necessarily paid according to the sum insured on the policy. If the vehicle is confirmed to be a total loss and the residual value is high, then it can usually be paid according to the sum assured under the policy, and if the residual value is low, then the amount paid will be slightly lower than the sum insured.
It should be noted that only the owner of the car who has purchased the car damage insurance can get compensation, if the car damage insurance is not insured, then it is impossible to get the claim, but if the vehicle is completely lost due to collision with other vehicles, and the other party is the fully responsible party, it can still be compensated by the fully responsible party.
Legal basis: Insurance Law of the People's Republic of China
Article 21 The policyholder, the insured or the beneficiary shall notify the insurer in a timely manner after learning of the occurrence of the insured event. If the nature, cause, and extent of loss of the insured accident are difficult to determine, the insurer shall not be liable for compensation or payment of insurance money for the part that cannot be determined, unless the insurer has known or should have known about the occurrence of the insured accident in a timely manner through other means.
Article 22 After the occurrence of an insured event, when the insurer is requested to compensate or pay insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the certificates and materials that it can provide to confirm the nature, cause and extent of loss of the insured accident.
If the insurer finds that the relevant certificates and materials are incomplete in accordance with the provisions of the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide supplementary information in a one-time manner.
Article 23 After receiving a request for compensation or payment of insurance money from the insured or beneficiary, the insurer shall make an assessment in a timely manner; Where the circumstances are complicated, an approval shall be made within 30 days, unless otherwise agreed in the contract. The insurer shall notify the insured or beneficiary of the verification results; For those who are liable for insurance, the obligation to compensate or pay insurance money shall be fulfilled within 10 days after reaching an agreement with the insured or beneficiary to compensate or pay insurance money. If the insurance contract stipulates the time limit for compensation or payment of insurance money, the insurer shall perform the obligation of compensation or payment of insurance money in accordance with the agreement.
If the insurer fails to perform the obligations provided for in the preceding paragraph in a timely manner, it shall compensate the insured or the beneficiary for the losses suffered thereby, in addition to paying the insurance money.
No unit or individual may illegally interfere with the insurer's performance of the insurer's obligation to compensate or pay insurance money, nor shall it restrict the right of the insured or beneficiary to obtain insurance money.
Article 24 After making an assessment in accordance with the provisions of Article 23 of this Law, the insurer shall, within three days from the date of making the verification, issue a notice of refusal to compensate or refuse to pay the insurance money to the insured or beneficiary if it is not an insurance liability, and explain the reasons.
Article 25 Where the insurer cannot determine the amount of compensation or insurance money within 60 days from the date of receipt of the request for compensation or payment of insurance money and the relevant certificates and materials, it shall pay the amount that can be determined in advance on the basis of the existing proof and materials; After the insurer finally determines the amount of compensation or insurance money to be paid, it shall pay the corresponding difference.
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Introduction: With the continuous development of the economy and society and the continuous improvement of the quality of life, people's awareness of the protection of their own rights and interests has also improved, which makes our demand for the insurance industry more and more vigorous. When we choose insurance, we are often dazzled and don't know how to choose the right insurance product for us.
Some insurance companies have also launched products to respond to the different needs of consumers. Many netizens said that if the car insurance pushes a total loss, will it be compensated in full according to the amount of the car damage in the policy?
1. Regarding the presumed total loss, some professionals say that the presumed total loss is that the vehicle is damaged to the point that it cannot be repaired, and the repair cost will exceed some of the value of the vehicle itself. If we encounter some accidents and cause more serious injuries to our vehicles, we must first evaluate the relevant maintenance costs or the degree of damage, if the maintenance cost is higher than the value, or it is difficult to repair, you can apply to the insurance company, of course, this is also to be operated in the case of the purchase of the corresponding insurance.
Second, the relevant situationIn general, the insurance company will not increase the relevant costs, according to the repair of the situation of a nai shouting cherry, he will also pay according to the value of the vehicle, if it is according to the presumed total loss, he will also add some more compensation on this basis, and will also take the vehicle away. In this case, we need to carefully consider whether we are willing to repair or presume total loss. This also requires us to consult with the relevant staff before making a choice based on our own needs.
If this process is not negotiated, other channels can also be found to deal with the infiltration of locust.
3. Reasonable operationWe all know that there are no rules, and everything must be operated in accordance with the corresponding regulations. For the insurance company's claim process, we also have to follow the corresponding regulations. This can not only effectively protect our rights and interests, but also enable us to reduce some unnecessary troubles.
In this process, we need to cooperate with the relevant work of the insurance company, so that we can improve the efficiency of claims. For some problems that cannot be negotiated or effectively solved, Changcong can also reflect or complain to the relevant departments.
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