Whether the person responsible for the traffic accident can repair the other party s vehicle by hims

Riders, due to traffic accidents, you are talking about choosing to repair the other party's vehicle by yourself. Whether the way you propose to deal with the aftermath of the accident is feasible depends on the method you use to solve and deal with the accident. Whether your accident is big or small; After the accident, did the traffic police come out of the scene?

Or because the main responsible party did not buy commercial insurance, and wanted to go private, in order to reduce the maintenance cost, and proposed a self-repair plan. It depends on the opinion of the non-responsible party. If the injured party agrees with the aftermath you propose, it is still possible.

But, judging by my years of experience, the way you propose to repair it yourself will not work. Here's why:

First, whether the other party's vehicle is a low-end car or a high-end car, as long as it is your full responsibility or main responsibility, the other party must want to make the car repaired. However, in order to achieve the effect of repair, the vast majority of them choose to repair in the four S shop, although the cost is much higher than that of the street store, but the quality is really good.

The second is that the other party agrees to go to the four S store to repair, and after the injured party's vehicle is damaged, as long as others do not make additional claims for compensation, it is very good. Nowadays, many victims ask for the repair of their vehicles at the same time, but also claim for depreciation, lost time and so on. It makes you even more distressed.

In short, the key to whether your proposed self-repair plan is feasible is to obtain the consent of the injured party.

Yes, the car can be repaired when it comes out of the traffic police, and the insurance company can take pictures. It's useless if the traffic police don't sign the responsibility determination, because the traffic police have already served, just like a ticket, how can you get the car inspection if you don't sign it.

If you feel that it is unfair, you can go to the traffic supervisor at the next higher level to reconsider. Reconsideration is time-limited, don't miss it!

Repair the car. To put it bluntly, if you want to touch other people's things, you must get the owner's permission.

To give the simplest example, for example, the other party is a Mercedes-Benz, and you want him to go to a small shop outside to repair it, not to mention the difference in maintenance costs, but in the end, the maintenance effect is not the same,。。 If you can find a way to get him to agree, that's whatever.

No, repairs can only be done with the consent of the other party.

It can be repaired. However, it is not possible to force oneself on one's own.

For example, if the other party does not agree with you to repair it, you can't fix it.

If the other party has to go to Qatar to repair, you can't repair it in Myanmar.

It can be repaired. However, it is not possible to force oneself on one's own.

For example, if the other party does not agree with you to repair it, you can't fix it.

If the other party has to go to Qatar to repair, you can't repair it in Myanmar.

There are three ways to prevent the other party from being responsible for repairing the car in a traffic accident.

The first is to settle through negotiation.

Second, if the negotiation fails, the right of "subrogation" of insurance shall be exercised;

Third, if you do not have commercial insurance, you can file a civil lawsuit with the court.

Specific analysis: insurance "subrogation":

Insurance subrogation, also known as insurance subrogation, refers to the right enjoyed by the insurer to subrogate the right of the insured to claim compensation for the damage caused by the third party who is liable for the damage caused by the key to the subject matter of the insurance.

Conditions for the application of the right of subrogation:

1. The other party's vehicle is not insured.

If the other party's vehicle does not have any insurance and does not pay any compensation after the accident, you can apply for "subrogation".

2. The other party is incapable of compensation.

If after an accident occurs, the other party has no financial ability to compensate and cannot make any compensation, it can apply for "subrogation recovery".

3. The other party deliberately delays or "cheats".

After an accident occurs, if the other party deliberately delays the payment or directly plays "disappear", it can apply for "subrogation".

4. The other party refuses to sign the traffic accident certificate.

If, after the accident, the other party does not recognize the judgment of the traffic police on the party responsible for the accident and does not sign the identification letter, it can apply for "subrogation recovery".

5. After the other party escaped, there was a certificate to prove the information of the vehicle that caused the accident.

If the other party escapes after the accident, but you can obtain the other party's vehicle information through relevant channels, you can apply for "subrogation".

To apply for subrogation, you need to prepare 4 documents.

1. Accident identification, which is very important;

2. If the other party's information is not obtained at the scene, you can go to the traffic police team that gave you the accident certificate to obtain it.

3. Your own driver's license, ID card and other relevant documents.

4. Insurance policy.

The process of filing a lawsuit with the court:

1. First get the "Road Traffic Accident Certificate" issued by the traffic police team;

2. Inquire about the information of the other party's car owner, vehicle owner, actual operator, and insurance company in the traffic police force or market supervision bureau; (You can sue the other driver, the car owner, and the insurance company at the same time).

3. Find a sample civil complaint online, fill it in according to the format, or find someone**;

4. Bring the original ID card of the plaintiff (your own side) and the ID card of the injured person, the traffic accident certificate, the complaint, as well as the other party's driver's license, driving license, insurance policy and other copy information, and go to the court where the defendant is located or where the accident occurred.

5. The court will generally conduct pre-trial mediation first, and mediation will not lead to a direct judgment.

Legal basis

Article 60 of the Insurance Law.

If an insured accident is caused by a third party's damage to the insured object, the insurer shall subrogate the insured's right to claim compensation from the third party within the scope of the compensation amount from the date on which the insurer compensates the insured.

If the insured has already received compensation for damages from a third party after the occurrence of an insured event provided for in the preceding paragraph, the insurer may deduct the amount of compensation already received by the insured from the third party when compensating the insurance money.

The insurer's exercise of the right to claim compensation by subrogation in accordance with the provisions of the first paragraph of this Article shall not affect the insured's right to claim compensation from a third party for the part for which compensation has not been obtained.

If the other party is primarily responsible for the traffic accident and your vehicle needs to be scrapped, you can follow the steps below

Negotiate with the parties involved in the accident: first negotiate with the parties to the traffic accident and let them bear the corresponding liability for compensation.

Report to the public security organ in a timely manner, and register the driving license information, personnel information, insurance information, etc. of both parties.

Report to the insurance company: According to your insurance situation, contact the insurance company to make a claim. The claim process generally includes filling out the claim application, providing relevant supporting documents, and waiting for the insurance company to determine the damage.

Stop the vehicle and go through the scrapping procedures: If the vehicle can no longer be repaired again, it needs to go through the scrapping procedures. Specifically, you need to submit a scrapping application to the local motor vehicle management office and pay the corresponding fees, and then receive the scrapping certificate and vehicle cancellation certificate.

Legal analysis: After the car is hit, the other party is fully responsible, and if there is no personal injury, it is only responsible for the repair costs. Determination of traffic accident liability refers to the act of determining the traffic accident liability of the parties after the public security organs have ascertained the cause of the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

Legal basis: "Road Traffic Safety Law of the People's Republic of China".

Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve it on the parties concerned.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

If a traffic accident occurs during the repair of the vehicle: if the driver of the motor vehicle is not the owner, the actual driver shall be liable for compensation; If the driver of the motor vehicle is the owner of the vehicle, the owner of the vehicle shall be liable for compensation. If a person drives another person's motor vehicle without the permission of another person, and the damage caused by a traffic accident, the actual user of the motor vehicle shall be liable for compensation.

1. Scratched the car that was not in the parking space in the community.

Contact the owner in time to discuss the solution, and call the police if necessary. If the vehicle is not scratched in the parking space and causes damage to the vehicle, there are several ways to solve it: 1. Call the police immediately, if there is monitoring nearby, it will be monitored, find the vehicle, once the vehicle is found, it will require the vehicle to compensate for the loss of the accident caused by the accident, and punish the driver.

2. The parking lot is unattended and unmonitored. If you buy commercial insurance, you can go directly to the insurance company for compensation, but the insurance company can only compensate for 70% of the car damage, and the remaining 30% is yours. The insufficient part shall be liable for compensation in accordance with the following provisions:

1) In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; Where both parties are at fault, responsibility is to be shared in proportion to their respective faults. (2) In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.