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If the other party is a private car, there is no transportation fee during the repair period.
It makes sense that he wants you to pay for lost work and transportation.
But you must have called the police, and you should find an insurance company to pay compensation. If the insurance company is not willing to pay for the miscarriage of money and transportation expenses, then you ask the other party to sue you.
After suing, the court will let the insurance company pay compensation.
Extended information: 1. Article 119 of the General Principles of the Civil Law stipulates: "A person who infringes on a citizen's body and causes injury shall be compensated for medical expenses, income lost due to lost work, living allowance for the disabled, and other expenses.
where death is caused, funeral expenses, necessary living expenses for those supported by the deceased during his lifetime, and other expenses shall be paid.
Although this provision does not explicitly stipulate transportation expenses, in practice, it is generally believed that the expenses incurred for transportation expenses are caused by the harmful acts, which fall within the scope of the considerable causal relationship of the damage, and should be compensated.
On the legal basis, transportation expenses can be classified as "equal expenses".
2. Article 36 of the Measures for the Handling of Road Traffic Accidents promulgated in 1991 stipulates that the compensation for transportation expenses shall be compensated, and the compensation standard shall be clarified in Article 37 as "transportation expenses: calculated according to the actual necessary expenses of the parties and paid by vouchers." ”
Note: The Measures for the Handling of Road Traffic Accidents have been repealed by the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China (issued on April 30, 2004 and implemented on May 1, 2004).
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The other party is claiming compensation for the transportation expenses during the repair period.
Legitimate. The reason for this is that according to the law, traffic accident compensation includes compensation for transportation expenses.
Traffic accident compensation refers to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, and death compensation.
The formula for calculating compensation for transportation expenses is;
Reasonable transportation expenses actually incurred (with bills).
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Compensation for traffic accidents, in accordance with relevant laws and regulations, the perpetrator needs to compensate the victim for the direct loss caused by the traffic accident, because the cost of vehicle damage caused by the accident is the direct loss of the accident, and because the vehicle is repaired, the party cannot use his own vehicle and needs to take other means of transportation and the expenses are indirect expenses, and the compensation for the loss of indirect costs shall be settled through negotiation according to the wishes of both parties.
Therefore, whether the traffic accident repair period requires compensation for the other party's transportation expenses, although the law does not expressly stipulate this, it is reasonable to negotiate the payment.
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Legal analysis: In the event of a traffic accident, the transportation expenses during the repair period of the vehicle shall be calculated according to the actual expenses incurred. In a traffic accident, the reasonable transportation expenses caused by the damaged vehicle to the owner of the car during the repair period shall be borne by the party fully responsible for the traffic accident, but the actual bill shall prevail, or the two parties shall share the responsibility proportion.
Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
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In the event of a traffic accident, the other party is fully responsible, how to ask for the money for car repair?
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According to the provisions of the judicial interpretation of the Supreme Court on the trial of road traffic accidents, the injured party can request the perpetrator to compensate for the transportation expenses of the substitute vehicle during the repair of the vehicle, but it must be a reasonable and normal expense, such as the above-mentioned car rental fee, which the court will support.
Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates: >>>More
For this situation, first of all, don't panic, and choose to call the police as soon as possible. The first time is to shoot ** and keep the evidence, so as to prevent the other party from admitting the account. Find out whether the other party's car is insured or not, and if there is no insurance, make another plan. >>>More
If the loss caused by the traffic accident is within the scope of compensation of the insurance company insured by the infringer's vehicle, there is no need to apply for property preservation. >>>More
Sue (lawsuit) the other party for compensation.
In order not to delay the use of the car, repair the car yourself, keep the documents, you can wait, or you can negotiate with your insurance company to pay first. >>>More