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If a one-way accident occurs, it is best to report the insurance on the spot, if it is a week later to report the insurance, it may be a violation, then the date of the insurance report is a week ago, if you report the time to that time, then there is a suspicion of insurance fraud.
So far, the insurance company does not have a hard and fast rule on the damage assessment time after the accident is reported, so even if it exceeds 48 hours, we can assess the damage normally without impact. However, there is a mandatory requirement for the time to report an accident. In accordance with the Insurance Act.
Owners must report an accident within 48 hours of the accident. After taking photos and collecting evidence, the vehicle should be moved to the side of the road as soon as possible that does not affect the normal traffic of the road, and then the owners of the two sides will negotiate in detail, if both parties agree to the negotiation result, there is no need to call the police.
The basic process of dealing with traffic accidents.
Report: When a traffic accident occurs, you should report to the traffic police and insurance company as soon as possible.
Liability and damage assessment: After the report, the traffic police department will determine the responsibility according to the specific situation of the vehicle accident and issue a "traffic accident identification letter", and the insurance company's loss assessor will also conduct a preliminary damage assessment for the vehicle at the scene and issue a "motor vehicle insurance claim application".
or detention, etc.
Basic car insurance claims process.
It is: reporting, surveying and assessing damages, signing and reviewing claim documents, adjusting and reviewing, approving, and closing the case. After the accident, the first thing to report is to report the accident in time, and then report to the traffic management department and report to the insurance company at the same time; Protect the site and avoid the trouble of being passive when making claims afterwards.
Before closing the case, you should ask the traffic management department about how much responsibility you should bear in the accident, how much you should lose and the compensation cost of the injured, and then ask the insurance company what can be compensated and what you can't compensate, so as to minimize the loss. At the same time, when the owner is looking for a rescue company to tow the car and find a repair shop to repair the car, he should communicate with the insurance company in a timely manner to avoid the difference between the price of the rescue company or the repair shop and the compensation of the insurance company.
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If there is a one-way accident, it is best to report the insurance on the spot at that time, so that there will be no problems, according to the process to take pictures and collect evidence, if you report the insurance after a week, then the date of your insurance is a week ago, there may be problems in the process, if you report the time at that time, then there is a suspicion of insurance fraud.
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Legal analysis: Generally, after the accident occurs, it is necessary to report the insurance within 48 hours, and it is best to report it on the spot, because there is evidence at the scene for the insurance company to extract. If this time is exceeded, the insurance company can deny the claim.
1. Because you didn't report the insurance or the police at that time, after more than a month, the insurance company won't admit it, and the police can't deal with it. 2. Even if the insurance company admits the accident, the police will deal with it for you, if there is no receipt issued by the regular hospital, the insurance company will not recognize the medical expenses. All reports must be made within 48 hours of the accident, otherwise the insurance company may refuse to make a claim.
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 in advance within the limits of the compulsory insurance liability limit 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.
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The accident can be insured for a month, but it may not be fully compensated, and there is even the possibility of refusing to pay for the accident. According to the terms of motor vehicle insurance, the insured shall notify the insurer within 48 hours after the insured vehicle has an accident involving the insured vehicle. The insured shall submit this clause to the insurer within 10 days from the date of the conclusion of the handling of the traffic accident by the public security traffic management department.
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Legal analysis: In a traffic accident, the other party is fully responsible and we do not need to report insurance, and the third-party liability insurance purchased by the other party will compensate.
Legal basis: Provisions on the Handling Procedures for Traffic Accidents on Dao Quiet Sen Road》 Article 45 The traffic management department of the public security organ that receives the notification of the investigation shall immediately arrange for interception or investigation. If a traffic hit-and-run vehicle or a suspect vehicle is discovered, the sail shall be detained and detained, and the person involved in the traffic hit-and-run accident or the suspect who is consistent with the investigation report shall be summoned in accordance with the law, and the traffic management department of the public security organ at the place where the case occurred shall be promptly notified of the relevant circumstances.
The traffic management department of the public security organ at the place where the crime occurred shall immediately dispatch traffic police to handle the handover.
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The insurer failed to notify the insurance company in a timely manner after the accident occurred, and destroyed the scene of the accident, resulting in the insurance company's inability to verify the loss, and the inability to determine whether the vehicle was driven by the insurer, the determination of accident liability, and whether the driver was drunk or drug-driving, etc., therefore, the insurance company can refuse the insurer's claim.
1. Unilateral insurance claim standards.
1. Unilateral traffic accident liability refers to the traffic accident caused by the driver's carelessness and unilateral damage to one's own vehicle, such as the owner in the normal driving or reversing process, collision with isolation piers, houses and other obstacles or overturning on the road, resulting in damage to the vehicle.
2. Unilateral traffic accidents are a more common type of traffic accidents, because they do not involve the compensation of a third party, and the accident liability is fully responsible for the accident car owner, and the owner of the accident vehicle can directly hold the unilateral accident certificate to the insurance company for compensation.
2. Under what circumstances will the insurance company refuse to pay.
1. There are circumstances such as concealing the truth of the accident and creating a false case, and it is suspected of insurance fraud.
2. After the accident, the company failed to take reasonable rescue or protection measures, resulting in the insurance company's refusal to pay.
3. For the sake of avoiding moral hazard, the insurance company generally refuses to pay compensation in the following 16 situations: 1. The loss caused by the new car not being licensed, without a temporary license plate or during the expiration of the temporary license plate will not be compensated 2. The loss caused by the accident caused by the vehicle not being inspected within the specified time or failing to pass the annual inspection shall not be compensated.
3. No compensation will be made for the losses caused by accidents during vehicle repair.
4. If you hit your own family, you will not be compensated.
5. If you lose your car in a paid parking lot, you will not be compensated.
6. If the insured voluntarily waives the right of recovery, no compensation will be made.
7. No compensation will be paid for the loss or damage of the driver's license and the loss caused by the driving shed during the replacement period.
8. If the insurance company is not notified more than 48 hours after the incident, the compensation may not be paid.
9. No compensation will be paid for the insured accident that occurs before the insurance premium is paid.
10. No compensation will be paid for the damage to the new equipment of the vehicle.
11. If the headlights or reversing mirrors are damaged alone, no compensation will be paid.
12. If the engine is damaged due to forcible ignition in the depths of the water, no compensation will be paid.
13. If it is damaged by the items on the car, there will be no compensation.
14. If it is repaired directly without damage assessment, no compensation will be paid.
15. If the vehicle parts are stolen, no compensation will be paid.
16. If you have an accident by dragging an uninsured car, you will not be compensated.
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Legal Analysis: No. In the event of a traffic accident, the insurer shall be notified immediately to the insurance report.
If the nature, cause, and extent of loss of the insured accident are difficult to determine due to intentional or gross negligence, the insurer shall not be liable for compensation or payment of the insurance amount for the part that cannot be determined.
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 knowing that the insured event has occurred. If the nature, cause, and extent of loss of the insured accident are difficult to determine, the insurer shall not be liable for the undetermined part of the accident, unless the insurer has known or should have known about the occurrence of the insured accident in a timely manner through other means.
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