In the event of a typhoon, the car was smashed by a tree, how to make a claim?

Situation 1: The car was parked on both sides of the road and was injured by a tree, and the owner did not get the car damage insurance.

If the citizen's car is injured or scratched by a tree on the side of the road, the owner can register with the relevant documents at the garden office, and finally get 95% of the compensation.

Situation 2: The car is injured by trees on both sides of the road, and the owner has car damage insurance.

If the owner's car is hit by a tree due to strong winds, the insurance company can provide up to 70% compensation for the owner, and the remaining 30% can go to the garden department or the responsible department of the tree for compensation, and can also compensate according to the first case.

Situation 3: The car was injured by a tree in the community, and the owner did not get the car damage insurance.

If the car is injured by a tree in the community, the owner can first find the person in charge of the tree through the community property or community and negotiate a solution. If the management of the tree does not pay compensation, it can be resolved through legal channels.

Situation 4: The car was injured by a big tree in the community, and the owner has car damage insurance.

If a resident's car is parked in the community and is injured, the owner can first pay 70% of the car damage insurance through the insurance company, and should also contact the person in charge of the tree to negotiate the remaining 30% compensation.

But try to park the car in an open place, basement, preferably a high-rise parking lot, and pay attention to whether the drainage of the basement is normal, and whether there is a danger of water accumulation in the basement.

If the car is unfortunately flooded and the car is flooded in the paid parking lot, the owner can file a claim with the parking lot, or he can make a claim to the insurance company first, and the insurance company will file a subrogation claim to the parking lot.

However, in the event of water ingress into the vehicle, most insurance companies will cover circuit damage, interior cleaning, etc.

Therefore, after discovering that it has been soaked, you should report the case to the insurance company as soon as possible, and take photos with your mobile phone to collect evidence, so that it can be dealt with as soon as possible. Because the longer the car is soaked in water, the greater the loss, and remember not to start the car, once the human operation is improper into the water, the insurance company will refuse to pay.

If the owner of the smashed car such as trees and billboards can be found, the insurance company needs to compensate the vehicle itself in full (excluding the loss of the items on the vehicle), and the insurance company shall exercise the right of subrogation to claim compensation from the responsible person.

If you have car damage insurance, go to the insurance company, and if you don't, go to the forestry bureau or municipal department.

Apply for a claim with the insurance company in time, or you can register with the garden office with the relevant documents and compensate.

Find an insurance company and claim compensation based on the damage.

It is necessary to report the case to the insurance company as soon as possible, and take photos with mobile phones to collect evidence, so that it can be dealt with as soon as possible.

You have to contact the claims company to settle the claim, but you must take a good picture and keep the evidence.

Through the insurance company, on-site inspection and review, the compensation is paid.

Contact the insurance company in time, take photos on the spot to collect evidence, and make a claim.

It's an accident.

It is also force majeure.

You can find an insurance company.

Flip through the insurance policy first and confirm that the insurance has purchased this item.

Contact the person from the insurance company first and take a photo of yourself as a basis.

My car was crushed. I don't have car damage insurance, do I need to pay compensation in this case?

If the tree is broken and smashed due to force majeure reasons such as natural disasters, the vehicle shall be compensated by the insurance company if the vehicle is insured, and the owner shall bear the compensation if there is no insurance or is not within the scope of compensation from the insurance company. If the tree is broken and the vehicle is smashed due to maintenance and management errors, the manager of the tree shall compensate, and the owner shall be jointly and severally liable for compensation. If the owner is at fault, he should also bear the corresponding responsibility.

According to Mr. Guo, an insurance company, the car insurance purchased for both cars is relatively complete, with car damage insurance and "no deductible", only need to tow the vehicle out of the tree and send it to the 4S shop for damage assessment, determine the cost of repairing the car, and the insurance company will pay for it. However, the problem is not so simple. The owners of the two cars said that after the vehicle was hit by a big tree, it was not only the problem of repairing the body and glass, but also the frame and internal structure, and even if it was repaired, it would affect the service life of the vehicle.

Mr. Wu said that in addition to the repair fee, the property owner of the tree should also compensate for the depreciation of the vehicle. The tree has the possibility of breaking, and the manager and owner of the tree have set up safety warnings around the tree, and have fulfilled their obligations, but the owner ignores the warning and still parks the vehicle under the tree, and if the tree breaks and smashes the vehicle, the loss shall be borne by the owner. Daxue Road is a main road, and the property rights should belong to the Zhengzhou Municipal Garden Bureau.

The Zhengzhou Municipal Bureau of Gardens and Gardens said in an interview that although Daxue Road is a main road, the tree does not belong to the Bureau of Gardens and Gardens. The staff said that after the implementation of the property rights issue, they will contact the reporter. Subsequently, a staff member of the greening institute of Erqi District contacted the reporter and said that after the implementation of the Zhengzhou Municipal Garden Bureau, the paulownia tree was planted by local villagers in the sixties and seventies of the last century, and the village had already been demolished.

Therefore, this paulownia tree does not belong to the Zhengzhou Municipal Garden Bureau, nor does it belong to the Erqi District Greening Institute. Because the paulownia tree has shallow roots and is prone to lodging, they eliminated the paulownia tree as early as 30 years ago. As for the owner's claim, he said that it can be resolved through legal means.

It is a bit difficult for the owner to claim that the property owner should compensate for the loss of the service life of the vehicle. The location where the owner parked is not the demarcated parking space, and he should take the front as his own adverse consequences, and the loss of the vehicle other than repair is a speculative loss, which is difficult to identify as an actual loss. If the car owner has purchased insurance, he can ask the insurance company to settle the claim according to the insurance contract.

If you do not have any insurance such as car damage insurance, you can claim compensation from the management of the tree and the property right unit. For other losses of the owner, the vehicle loss can be verified through third-party appraisal, and the claim can be made to the property right unit and management and maintenance party of the big tree. Because the property rights unit and the maintenance unit of the big tree have the responsibility to ensure that the big tree does not pose a threat to the lives and property of the nearby people, the overturning of the big tree causes damage to the vehicle, which is not in place and should be held responsible.

However, claims in this regard are more difficult.

Legal Analysis: Most of the losses damaged during typhoon weather can be compensated by car damage insurance. If the vehicle is hit by a falling object from a height, causing damage to the window glass, even if the vehicle is not insured with glass insurance, it can still be compensated through car damage insurance.

However, insurance companies generally do not pay for vehicles where only the glass is damaged and the other parts are intact.

Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses within the scope of the compulsory insurance for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) the driver has not obtained driving qualifications or is intoxicated; (2) The accident is caused during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident. In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; (2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Fleeing after a motor vehicle has been hit.

Legal Analysis:1Due to the special situation of being smashed by a tree, it is necessary to look at the property rights unit of the tree, that is, where the tree belongs to it.

If you can find the property right unit, you can claim compensation from them, and you can take the form of litigation when you encounter fraud and ridicule. If the property owner of the claim cannot be found, the insurance company will have to compensate. 2.

Then you need to go to the Meteorological Bureau first to open a meteorological certificate on the day of the smashing, which proves that it is indeed bad weather. 3.Then find the insurance company to make a claim, and the insurance company will be responsible for compensation according to the insurance contract for severe weather such as typhoons.

In normal weather conditions, the insurance company will generally have an absolute deductible of 30%, that is, the insurance will only compensate for 70% of the loss, and the rest needs to be borne by the car owner. ）

Legal basis: Social Insurance Law of the People's Republic of China

Article 2: The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with law in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth.

Article 3: The social insurance system adheres to the principles of wide coverage, basic protection, multi-level, and sustainability, and the level of social insurance shall be commensurate with the level of economic and social development.

Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with law have the right to inquire about payment records and records of individual rights and interests, and to request social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.

Legal analysis: This kind of loss caused by natural disasters belongs to the category of car damage insurance, and the insurance company will compensate for it. First of all, call the police and notify the insurance company you are insured.

Under the condition of not affecting traffic and demolishing defects and ensuring safety, keep the scene without unauthorized movement and wait for relevant personnel to arrive. If the conditions do not allow, you can take photos of the scene and record it first, and keep the evidence. If you encounter a huge tree smashing the car, it is recommended that you do not move the car by yourself, which is prone to secondary injury.

Legal basis: "Motor Vehicle Loss Insurance Clause".

Article 5 During the insurance period of this contract, the company shall be responsible for compensation for the loss of the insured vehicle (hereinafter referred to as the loss of the insured vehicle) caused by an accident in accordance with the provisions of this contract.

Article 6 In the event of an insured accident, the Company shall be responsible for compensating the necessary and reasonable expenses incurred by the insured in taking rescue and protection measures for the insured vehicle (hereinafter referred to as the "rescue expenses") in accordance with the provisions of this contract.