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You can sue, you can find the insurance company for compensation if you don't exceed the car damage insurance, and it is recommended to sue if you don't make a claim, but your car repair must have a formal invoice and list of 4s.
1. Car insurance claims are made by car owners to the insurance company after a car accident occurs. The basic process of claim settlement includes: reporting, investigation and assessment, signing and reviewing claim documents, adjustment and review, approval, compensation settlement and other steps.
Now to buy car insurance, the most popular choice is the four basic insurance. Traffic, car damage, three responsibilities, plus no exemption.
2. If the car has been scratched. As long as the car is not more than three years old, scratch insurance can be added; If the car is often speeding on the elevated road, it is recommended that you take out separate glass breakage insurance, so that you don't have to worry about breaking the glass even if you are smashed by small stones; If your car is more than eight years old, you can take out spontaneous combustion insurance; If you're not sure about your driving ability, take out seat insurance for your driver and passengers; In short, car owners can choose the type of insurance they need to insure according to their actual situation. It should be noted that if the owner of A collides with the operating vehicle B, and the owner of A is fully responsible, then the economic loss of the owner of the operating vehicle B during the maintenance period may be borne by the owner of the A vehicle independently.
For example, if you hit a taxi and are fully responsible, and the car repair period takes 2 days, then the insurance company will not bear the two-day loss of the taxi driver, and must negotiate with the taxi driver to deal with his economic losses within two days.
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However, in the actual situation, there will be a difference between the insurance company's damage assessment and the actual maintenance of the repair shop, especially the repair cost of high-end cars, and the huge difference between the insurance company's damage price and the actual maintenance cost may be borne by the owner, in this case, the owner should protect his own rights and interests.
Litigation is an option.
Note 1: Keep all the evidence at the time of the accident.
In the course of daily use of the vehicle, if a single vehicle accident occurs (i.e., you drive carelessly or are collided while parking), if the collision is more serious, you need to mention in the insurance customer service** that the vehicle is seriously damaged, and the loss assessor must go to the scene to assess the damage. If the adjuster then says that it is indeed difficult to get to the scene, be sure to record the scene of the collision with a mobile phone (take pictures and **). If there is a traffic accident involving more than two vehicles, in addition to the above requirements, the traffic police must also be required to be present at the scene and issue a certificate of responsibility for the accident.
Note 2: It is indispensable to ask the insurance company to reassess the loss, and negotiate the difference.
If there is a large gap between the damage assessment ** and the actual repair cost, you should call customer service** to explain the situation and ask the insurance company to re-assess the damage. Some loss assessors will require the car owner to sign on the damage assessment form, and the car owner thinks that signing is to identify the damage assessment**, but in fact, whether it is signed or not, it will not affect the claim for the difference to the insurance company afterwards. If the amount of damage assessment is low, the car owner should also contact the insurance company's customer service to ask for negotiation, and if the other party does not actively participate in the negotiation, he can sue directly.
Note 3: Do not entrust the appraisal department to conduct an appraisal of the vehicle damage before filing a lawsuit.
Many car owners and car repair shops are unable to grasp the range of repair costs, and are worried that the insurance company will refuse to pay compensation, so they entrust the appraisal department to conduct an appraisal before filing a lawsuit, and file a lawsuit according to the appraisal**. In the author's opinion, if this is done, it is very likely that the court will not recognize the appraisal fee as the actual loss of the car owner, and thus will not support the insurance company's request to bear the appraisal cost. The author suggests that the car owner can ask the repair shop to estimate the reasonable cost of accessories and manual maintenance, and then directly use the estimated total amount as a litigation claim.
Because in the course of the litigation, if the insurance company does not approve the request, the insurance company will apply for an appraisal, and the appraisal fee will be borne by the losing party. In addition, whether the vehicle is repaired or not does not affect the appraisal results, and the owner can use it normally after normal repair.
Note 4: Do not add unnecessary maintenance items during the maintenance process.
The owner needs to communicate with the repair shop to only repair the reasonable maintenance items caused by the accident, and cannot replace or repair the daily wear and tear parts that are not caused by the accident "by the way". If there are false repair costs found in the evaluation process of the appraisal agency, it is likely to affect the judge's final ruling.
In such a situation, the general handling process is: 1. Call the insurance company ** to report. 2. The insurance company's loss assessor assesses the loss.
3. The owner pays the repair cost in advance. 4. The repair shop issues a repair invoice. 5. The owner of the car shall go to the insurance company to handle the claim with the repair invoice.
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Negotiate with the insurance company's claims department.
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1. The insurance company itself is responsible for settling claims, and the loss assessment conclusion is directly related to its interests, which is indeed unfair and easy to cause certain damage to the interests of the insurer. Insurance companies' loss assessment conclusions are generally questioned.
2. It can be resolved by the court, and the court generally has two approaches: one is that the two parties negotiate and agree on an acceptable amount of compensation; Second, if the two parties cannot reach an agreement, the court will entrust a qualified identification agency to assess the damage of the accident vehicle.
Disputes over repairs** are the most prominent issue between car owners and insurance companies. It is often the case that the repair cost given by the repair shop is higher than the damage amount approved by the damage assessor.
The damage assessor will refer to the market maintenance ** to determine the reasonable maintenance amount when assessing the damage, but the repair plant will have a higher purchase channel and other reasons, or the repair plant will cause the maintenance amount to be relatively high.
In fact, in this case, the insurance company's service is more humane, not "a false number for life", if the customer has any objection to the amount of damage, in fact, can communicate more with the loss assessor, and the loss assessor and the repair plant negotiate to deal with it.
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If the repair cost is higher than the actual value of the vehicle, how to make a claim?
Dear is happy to answer for you, dear, conclusion: compensation according to the law. Analysis:
If the value of the car is damaged after the accident is damaged and repaired, the depreciation fee can be claimed, but there must be sufficient basis. Legal basis: Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents Article 15 Where a party requests compensation from the infringer for the following property losses caused by a road traffic accident, the people's court shall support it:
1) The cost of repairing the damaged vehicle, the loss of the items contained in the vehicle, and the cost of rescuing the vehicle; (2) Due to the loss or irreparability of the vehicle, the replacement cost of the vehicle is equivalent to the value of the damaged vehicle at the time of the traffic accident; (3) Reasonable suspension losses caused by the inability to engage in corresponding business activities for vehicles engaged in cargo transportation, passenger transportation and other business activities in accordance with the law; (4) The reasonable cost of replacing the means of communication caused by the inability of non-commercial vehicles to continue to be used. The law does not clearly stipulate that the car damage fee can be compensated, so it may not necessarily be supported, but if the basis is reasonable, it will be judged at the discretion.
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Hello: The other party's car is still your insurance company's loss adjuster, if the loss adjuster's ** can't be repaired, let the other party find the insurance company to ask for it, don't give him money first.
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Legal analysis: the other party is fully responsible, and the non-responsible party can report insurance to the insurer, but the insurer insured by the non-responsible party has no obligation to pay the insurance money. If the car damage insurance is fully underwritten, the car damage insurance company Jingshan can not pay the total loss compensation for the repair.
Legal basis: Article 2 of the Insurance Law of the People's Republic of China The term "insurance" as used in this law refers to the commercial insurance behavior in which the insured pays the insurance premium to the insurer according to the contract, and the insurer bears the responsibility for compensating for the property losses caused by the occurrence of the accident that may occur as agreed in the contract, or bears the responsibility for paying the insurance money when the insured dies, is disabled, sick, or reaches the age and time limit agreed in the contract.
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The other party is fully responsible, and the non-responsible party can report insurance to the insurer, but the insurer insured by the non-responsible party has no obligation to pay the insurance money. In the event of an accident, if the car damage insurance is underwritten in full and due to lack of slag, the insurance company may not pay compensation for the total loss of the repair repair.
1. Is the car damage insurance 100% reimbursed?
100% full compensation is not possible. There are three ways to determine the insured amount of car damage insurance: 1. Determine the insured amount according to the purchase price of the new car: this insurance method is considered by the insurance company to be fully insured, and the insured can be compensated for the actual loss when the accident occurs.
2. Determine the insured amount according to the actual value at the time of insurance: the actual value refers to the purchase price of the new car minus the depreciation amount. Although this insurance method can pay less premiums, it is underinsured in terms of insurance.
Because in the event of a partial loss of Liang Lu, the insurance company can only compensate proportionally according to the ratio of the actual value to the new car**. Because the owner is insured according to the actual value of the car, the insured amount of all auto parts is based on their depreciation price as the claim standard, in case the car repair process needs to replace new parts, the insurance company can only refer to the depreciation value of the parts, compensate the owner for part of the repair costs. 3. It shall be determined by negotiation between the policyholder and the insurance company.
Second, how to compensate the other party's car for the full responsibility of the rear-end car.
If the other party is fully responsible for the rear-end collision of the vehicle, the party concerned can directly claim compensation from the other party's insurance company with the certificate of identification, the invoice for the cost of vehicle damage and the invoice for the repair cost of the vehicle, as well as the accident liability certificate issued by the traffic police, and compensate for the property loss of the compulsory traffic insurance. If the vehicle is rear-ended and the other party is fully responsible, the repair cost of both vehicles will be compensated by the insurance company covered by the other party.
3. How to deal with the traffic accident if the other party is fully responsible and does not cooperate with the handling.
The other party is fully responsible for the traffic accident and does not cooperate in dealing with the following ways:
1. The other party shall bear full responsibility, and if the other party does not cooperate with the handling, the traffic police can be asked to mediate;
2. If mediation fails, a lawsuit may be filed with the people's court.
Whose insurance is fully responsible for the accident needs to be decided according to the following circumstances:
1. Generally, the other party is fully responsible for the traffic accident, and the other party does not need to report insurance, and the third-party liability insurance purchased by the other party will compensate.
2. If the other party is fully responsible for the traffic accident, it shall bear all the liability for compensation, and the insurance company shall compensate in advance within the limit, and the insufficient part shall be borne by the perpetrator.
Article 2 of the Insurance Law of the People's Republic of China The term "insurance" in this Law refers to the commercial insurance behavior in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility for compensating for the property losses caused by the occurrence of accidents that may occur as agreed in the contract, or bears the responsibility of paying insurance money when the insured dies, is disabled, sick, or reaches the age and time limit agreed in the contract.
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