What are the parking fees, parking fees, and shutdown fees in the Insurance Act?

The parking fee is for commercial vehicles, which is generally calculated according to the general operating profit of the local area.

Parking fees are based on the relevant parking receipt.

Downtime pay is based on your usual income, and if you are in an operating industry, you may not be able to count downtime and downtime costs together.

According to paragraph 2 of Article 57 of the Insurance Law, "after the occurrence of an insured event, the insurer shall bear the necessary and reasonable expenses paid by the insured to prevent or reduce the loss of the insured object; The amount of expenses borne by the insurer shall be calculated separately from the amount of compensation for the loss of the subject matter of the insurance, and shall not exceed the amount of the insured amount".

Paragraph 1 of 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 provides that "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, ......”

Whether the maintenance fee, parking fee, and towing fee are covered by the insurance, it is necessary to clarify whether the cost is a necessary rescue fee, and if so, it should be paid; If not, no payout is required.

At the same time, it should be clear what type of loss it belongs to, and if it is a direct loss, it should be compensated; If it is an indirect loss, it will be paid after differentiation.

In practice, the direct loss caused by a traffic accident refers to the reduction of the value of the property itself, and the principle of full compensation is followed. Indirect losses refer to other economic losses incurred by the parties due to property damage, and compensation is paid only when there is a necessary causal relationship between the loss and the accident, the loss is reasonable and necessary, and the loss is supported by corresponding evidence.

1. Compulsory Insurance for Motor Vehicle Traffic Accident Liability

Article 10 The following losses and expenses shall not be compensated and paid in advance by the compulsory traffic insurance:

The insured motor vehicle has a traffic accident, resulting in the victim's suspension of business, driving, power outage, water outage, gas outage, production stoppage, communication or network interruption, data loss, voltage change, etc., as well as the depreciation of the victim's property due to market changes, and other indirect losses caused by the loss of spare code width due to the reduction of value after repair;

2. Paragraphs 2 and 3 of Article 117 of the General Principles of the Civil Law of the People's Republic of China provide: "Anyone who damages the property of the state, the collective, or the property of others shall be restored to its original state or compensated at a discounted price. "Where the victim suffers other major losses as a result, the infringer shall also compensate for the losses.

In a traffic accident damage compensation case, if the victim claims compensation for the loss of the suspension of operation during the repair of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for it. The insurance company will not pay for the loss of the vehicle.

Legal Analysis: The insurance company will not pay for the loss of the vehicle's parked socks. The loss of Bizhou during the period of vehicle suspension and destruction refers to the damage caused by the vehicle due to traffic accidents, and if the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the economic loss caused by the suspension of the vehicle during the repair of the damaged vehicle.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The victim of a traffic accident has the right to demand compensation from the person responsible for the accident for the loss of the vehicle being suspended. After the owner of the accident is unable to pay the compensation, the owner of the car can recover from the insurance company. According to the provisions on compensation for direct property damage, this compensation shall also be limited to the damage actually incurred during the period when the vehicle is out of service.

It is calculated in the same way as direct property loss.

Basis for compensation for the loss of traffic accident vehicle suspension expenses:

1.Reply of the Supreme People's Court on the Issue of Whether Property Losses in Road Traffic Accidents Include Losses from Suspension of Operation of Damaged Vehicles

In a case of compensation for damages caused by a traffic accident, if the victim claims compensation for the loss of the suspension of operation during the repair period of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for it.

2.General Principles of the Civil Law

Article 117, paragraph 3, where the victim suffers other major losses as a result, the infringer shall compensate for the losses.

3. Overview of vehicle outage loss costs.

If the victim uses the damaged vehicle for cargo transportation or passenger transportation business activities, during the repair period of the damaged vehicle, the victim is unable to carry out normal cargo transportation or passenger transportation operations and causes a reduction in economic income, or a daily suspension loss, and the relevant accident owner shall compensate for the loss. Related knowledge extended reading: Does the other party need to compensate for the depreciation loss of the vehicle after being hit.

There are remedies for the depreciation loss of the vehicle after it was hit. Damaged car owners can sue the court to demand depreciation fees, and now there are more and more such cases, and there have been cases in Beijing that have ruled in favor of vehicle depreciation fees.

If the owner goes to the court to ask for a depreciation fee, he can request the court to entrust a professional certification department to identify the depreciation fee of the car, and ask the court to determine the loss of the car and compensate for the economic loss.

For the depreciation fee, the car owner can recover from the insurance company after the car owner is unable to pay the compensation. At present, among the various types of insurance policies of insurance companies, vehicle impairment loss insurance is not included. The basic principle of insurance is compensation, which protects the reasonable repair and normal use of the vehicle, rather than compensating for all the losses incurred by the car.

Depreciation losses should fall under the liability exemption part of the insurance company.