Actual loss and appraisal of fire property

Legal analysis: 1. The two parties shall determine a specific amount of compensation through negotiation.

2. If the injured party can provide the specific items damaged and the corresponding amount, the responsible party may be required to compensate according to the corresponding evidence.

3. If the specific amount of the loss cannot be provided, the price department can be entrusted to evaluate the fire loss, and the valuation result can be used as the basis for the claim.

Legal basis: Article 51 of the Fire Protection Law of the People's Republic of China The fire rescue agency has the right to close the fire scene as needed, investigate the cause of the fire, and count the fire losses. After the fire is extinguished, the unit where the fire occurred and relevant personnel shall protect the scene in accordance with the requirements of the fire and rescue agency, accept the accident investigation, and truthfully provide information related to the fire.

According to the fire scene inquest and investigation and relevant inspection and appraisal opinions, the fire rescue agency shall make a fire accident identification certificate in a timely manner as evidence for handling the fire accident. Therefore, the verification of fire losses falls within the administrative authority of the public security and fire protection agency, and the determination of the cause of the fire and the supporting materials of the verified fire losses made by the public security and fire protection agencies are the prerequisites for initiating a civil lawsuit. Therefore, the fire department should be required to verify the fire damage, determine the cause of the fire, and claim compensation from the responsible party.

The actual loss and appraisal assessment of the property caused by the fire is to determine the amount of the actual loss by making a detailed assessment and determination of the property damage caused by the fire. This process involves the following steps:

Fire Scene Investigation: Conduct a detailed investigation and survey of the fire scene. The assessor records burned or damaged buildings, property, and other relevant information. This includes the building's structure, equipment, furniture, inventory, etc.

Assess Property Value: The appraiser will determine the actual value of the burned property. This may include working with a building appraiser, professional appraiser, or relevant specialist, considering factors such as market value, degree of depreciation, repair costs, and replacement costs.

Damage Calculation: Based on the information collected and the assessed value, the amount of the actual damage to the property caused by the fire is calculated. This may include building repair costs, replacement costs for equipment and property, business interruption losses, and more.

Preparation of assessment report: Organize the assessment results into a report form, detailing the actual property damage caused by the fire and the basis for the assessment. The report usually includes a list of damages, a calculation of the amount of damage, and relevant supporting documents.

Appraisal assessment: In some cases, an appraisal assessment may be required to confirm the accuracy of the assessment. An appraisal may involve the involvement of multiple experts who will independently review and validate the assessment report.

The purpose of the actual loss and appraisal assessment is to provide the insurance company, claims processing, and reconstruction programs with accurate amounts of property damage. They need to rely on the knowledge and experience of professional appraisers, architects, appraisers and related specialists. If you need to conduct an actual damage and appraisal assessment of fire property, it is recommended to work with a professional appraisal agency, insurance** or relevant experts to ensure the accuracy and reliability of the appraisal process.

If you have any questions about the assessment, please nod your head and answer all questions.

The assessment of fire damage can be carried out by a variety of institutions or individuals, mainly including the following aspects:

Fire accident scene investigators: Fire accident scene investigators are the first time to arrive at the fire scene for investigation and investigation, they will collect on-site data and information, including the cause of the fire, the size of the fire, the scope of the fire, damaged items and value, etc., to provide a basis for subsequent assessment.

Insurance company: If the lost property is insured, the insurance company will usually send a professional fire damage assessor to conduct an on-site investigation and damage assessment to determine the amount of insurance payout.

Third-party assessment agencies: Some institutions or individuals specialize in fire damage assessment and appraisal business, and they can assess the losses according to on-site survey data, market ** and other factors to formulate a reasonable compensation plan.

Professional Appraisal Agencies: In some regions,** or professional appraisal agencies may provide fire damage assessment services to ensure that the assessment results are objective and impartial.

It should be noted that the assessment of fire losses needs to comprehensively consider a variety of factors, such as the type, quantity, service life, market value of the lost property, etc., and it is very important to choose the appropriate appraisal agency or personnel for evaluation.

Legal analysis: The amount of damage to houses and other property caused by the fire can be determined by the injured party and the responsible party through negotiation. If it cannot be determined through negotiation and a court judgment is required, a qualified ** assessment agency shall make an assessment of the amount of loss.

The loss assessment made by an institution that does not have the highest assessment qualification has no legal effect unless it is recognized by all parties. The Price Bureau is an administrative agency, not an assessment agency, and does not approve fire damages.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Fire property damage assessment is the process of quantitative or qualitative assessment of property damage caused by fire incidents. Its purpose is to determine the actual extent of damage to buildings, property and assets caused by the fire and to provide a basis for insurance claims, restoration plans and property reconstruction. Here are the general steps for fire property damage assessment:

Collect information: Collect a variety of information related to the fire, including when and where the fire occurred, the type of fire, the spread of the fire, etc. It is also necessary to gather detailed information about the building or property, such as the building structure, value, use, insurance policy, etc.

Fire Scene Investigation: Conduct a fire scene investigation to assess the scale of the fire, the extent of the damage, and the area of damage. Keep a record of property such as building elements, equipment, furniture, inventory, etc., that have been burned or damaged.

Assessing Property Value: Determines the actual value of damaged property. This may involve working with a building appraiser, professional appraiser, or relevant specialist to consider factors such as the market value of buildings, equipment, inventory, and other property, the degree of depreciation, and the cost of repair.

Damage calculation: Based on the information collected and the assessed value, the property damage caused by the fire is calculated. This may include the cost of repairing buildings, the cost of replacing equipment and property, losses due to business interruption, and more.

Preparation of assessment report: Organize the assessment results into a report detailing the property damage caused by the fire and the basis for the assessment. The report should include the fire scene**, a detailed list of damages, and the method and basis for calculating the amount of damage.

Submission of reports and claims: Submit the assessment report to the insurance company or other interested parties as the basis for the insurance claim. Negotiate the processing of claims and the amount of compensation in accordance with the terms and conditions of the insurance contract.

Please note that the specific steps for fire property damage assessment may vary depending on the requirements of the assessor, insurance company, or region. It is advisable to work with a professional appraisal agency, insurance** or relevant experts when a fire property damage assessment is required to ensure the accuracy and reliability of the assessment process. If you have any questions about the assessment, please nod your head and answer all questions.

Within seven days from the date on which the fire is extinguished, the damaged units and individuals shall truthfully report the direct property losses of the fire to the fire department of the county-level public security organ at the place where the fire occurred, and attach valid supporting materials.

The fire department of the public security organ shall, in accordance with the relevant provisions, conduct truthful statistics on the direct economic losses of the fire and personnel according to the declarations of the damaged units and individuals, the appraisal opinions on the direct property losses of the fire issued by the first-class attestation agency established in accordance with the law, and the investigation and verification situation.

1. How to sue for fire damage.

1. Fix evidence: fix the damage to your home and your neighbors in the form of photos and videos, and evidence is necessary for prosecution.

2. Report the fire loss to the fire department: As a party to the fire, your family should report the fire loss to the fire department and obtain the fire cause determination as a party. The determination of the cause of the fire is a necessary document for prosecution.

3. Entrust the price assessment department to assess the fire loss: Your family or you contact other affected households to jointly entrust a price assessment agency to assess the fire loss and prepare for future lawsuits.

4. Entrust a lawyer to intervene in the preparation of materials before prosecution in advance.

5. Prosecution: After the fire identification is issued, if the cause of the fire is determined or the first part is confirmed to be caused by the downstairs, you can go to the local court to file a lawsuit, and conduct a civil lawsuit on the grounds of property infringement and mental infringement, and you can file property compensation, restitution, compensation for mental damages, lost work expenses, etc.

6. Investigate the criminal responsibility of the ** household. The Ministry of Public Security and the Supreme People's Procuratorate jointly issued a document stating that if the direct property loss of the fire exceeds 500,000 yuan, the crime of fire shall be investigated in accordance with the law. If the fire loss of the fire department is more than 500,000 yuan, and the fire loss assessed by the price assessment agency is also more than 500,000 yuan, the fire department shall file a case for investigation, and at least the relevant personnel shall be held accountable for the crime of fire.

Legal basis: According to Article 51 of the Fire Protection Law of the People's Republic of China:

After the fire is extinguished, the unit where the fire occurred and the relevant personnel shall protect the scene in accordance with the requirements of the fire department of the public security organ, accept the investigation of the accident, and truthfully provide information related to the fire. The fire department of the public security organ shall, on the basis of the fire scene investigation and investigation and relevant inspection and appraisal opinions, promptly prepare a fire accident identification certificate as evidence for handling the fire accident.