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One side of the accident is not willing to go to the loss assess

Publish: 2021-04-28 12:57:23
1. Due to the fast claim processing, there is no traffic police accident identification, is it OK to determine the loss?
2. 1. "After the traffic police came to the scene to identify the other party's full responsibility, but they didn't take pictures (in order not to block the road, the other party moved the car)": it doesn't matter if they didn't take pictures or move the car, since the traffic police have identified the other party's full responsibility. The important thing is to get the traffic police's certificate of responsibility for the accident, which is the important evidence when negotiation with the other party fails to sue

2. "I've only bought my car for one year, and I definitely have to repair it at the 4S store. If the other party insists on repairing it at the 4S store and doesn't pay for it, how should I deal with it? It's said on the Internet that I should pay first and then file a civil lawsuit. Is this feasible? "No trouble?":
(1) you should go to a regular 4S store to repair your car. If you have any objection about which 4S store to go to, both parties can negotiate, but there is no reason that you have to go to the other party's designated store
(2) you can repair the car with your own money, and then negotiate with the other party to ask for the repair fee. If the negotiation fails, you can ask the traffic police to mediate. If the mediation fails, you can go to the court to sue, or you can go directly to the court to sue without the mediation of the traffic police
(3) it's troublesome to sue, because it takes at least one or two months, so it's suggested that you negotiate with the other party or ask the traffic police to mediate. If the other party plays tricks and the negotiation fails, the trouble can only be solved by prosecution

3. "We also issued a receipt to him for the 2000 deposit, saying that we would refund more and make up less. Now he is using the excuse that he would not open the confirmation letter if he did not pay back the money. Is it Tenable?"
(1) if it is not tenable, don't worry about him, we will not refund the 2000 deposit. If you give it back, you may not get any money from him
(2) it's his own business whether he fills in the confirmation form or not. If he doesn't open the insurance company, he will have to compensate you

4. "In the face of this kind of rascal, are we sure we have no way?" No, go to the traffic police department as soon as possible to get the responsibility confirmation, and then repair the car with money. If negotiation with the other party and traffic police mediation fail, go to the court in time to sue. When suing, apply to the court for property preservation (now you can also apply for pre litigation preservation, but you should sue within 15 days after preservation), and seal up his car

5, "if I really want to go through legal proceres, can I claim compensation for vehicle depreciation cost, work delay cost, mental loss cost, and what else is reasonable?":
(1) it is difficult to support the vehicle depreciation fee. If the delay fee is an operating vehicle, it may be supported, but it is not likely to be supported by ordinary vehicles
(2) as for compensation for mental loss, if there is no personal injury, it is difficult to support it
(3) in case of personal injury, you can also ask for medical expenses, work delay expenses, nursing expenses, transportation expenses, etc. If it's just the loss of the vehicle, you can also ask for the transportation and accommodation expenses for the repair of the vehicle, as well as the subsidy for work delay.
3. Go to the traffic police to deal with the accident, get the responsibility appraisal certificate, and then go to the insurance company of the other party's vehicle insurance company to ask for damage compensation. No trouble
4. You will sue the driver and his boss together. See the civil procere law for the specific procere< According to the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation cases, Article 9 If an employee causes injury in his employment activities, the employer shall be liable for compensation; If an employee causes damage to others intentionally or through gross negligence, he shall be jointly and severally liable with his employer for compensation. If the employer is jointly and severally liable for compensation, he may claim compensation from the employee
the term "engaging in employment activities" mentioned in the preceding paragraph refers to engaging in proction and business activities or other labor services within the scope authorized or directed by the employer. If an employee's behavior is beyond the scope of authorization, but its manifestation is to perform his ty or has internal connection with the performance of his ty, it should be regarded as "engaging in employment activities".
5.

After a traffic accident, one party's failure to determine the loss will not affect the settlement of the claim

the injured party can go to the 4S shop directly for repair, and the repair unit can issue the repair invoice and repair list, or apply to the court to entrust an appraisal organization with appraisal qualification to appraise the repair cost of the vehicle

As a matter of fact, there is such an explicit provision in the insurance clause: "if the insurer cannot determine the amount of compensation within 60 days from the date of receiving the claim and relevant certificates and materials, it shall pay in advance according to the amount that can be determined according to the existing materials; After the insurer has finally determined the amount of compensation, it shall pay the corresponding difference. " Therefore, there is no need to worry about the non responsible party's delay in determining the loss. In this case, the fully responsible party can let the insurance company compensate for its losses first. If the insurance company refuses to compensate, it can take litigation measures

extended data:

the traffic management department of the public security organ should determine the responsibility of the party according to the role of the party's behavior in the road traffic accident and the severity of the fault

(1) if a road traffic accident is caused by the fault of one party, it shall bear full responsibility

(2) if a road traffic accident occurs e to the fault of two or more parties, they shall bear the primary responsibility, the equal responsibility and the secondary responsibility respectively according to the effect of their behavior on the accident and the severity of the fault

(3) all parties have no fault leading to road traffic accidents, and all parties are not responsible for traffic accidents

if one party intentionally causes a road traffic accident, the other party shall not be liable

provincial public security organs can formulate specific rules or standards for determining road traffic accident liability according to relevant laws and regulations

6. You are fully responsible for the maintenance and insurance of your car. If the other party wants you to pay for the insurance, he can only determine the loss. You don't care whether he goes or not. Just repair your car
7.

If the other party is fully responsible but does not determine the loss, you can contact the other party to handle the claim proceres as soon as possible. If the other party does not cooperate, you can also take the traffic ruling issued by the traffic police or the quick processing sheet signed by both parties to the traffic team where the accident occurred. Please help the traffic police to contact the other party and solve the problem

in the end, if you really can't, you can take legal proceedings against the other party

First of all, you can directly go to the instry and Commerce Bureau to inquire about the enterprise information of the other insurance company. Just go to the enterprise information section of the Bureau of instry and commerce where you are, pull a piece of the enterprise information of the other party's Insurance Company and seal it

2. Go to the traffic police detachment that issued the accident confirmation, and pull out the information of the other party's owner and driver with the accident responsibility confirmation

3. Go to the court where the defendant is located or where the accident happened. Fill in the indictment, pay 50 yuan of litigation costs, and make 4 copies of the invoice, loss order, responsibility confirmation, maintenance list and indictment, as well as one of the owner's information, driver's information and insurance company's information, and hand them to the court together to get a lawsuit acceptance notice

4. In general, after a few days, the court will call both parties for mediation. If the mediation is invalid, the court session will be held in 15 days

according to the provisions on traffic accident handling proceres:

Article 81 the traffic management department of the public security organ shall, in accordance with the provisions on handling proceres for illegal acts of road traffic safety, punish the parties for illegal acts of road traffic safety according to law

Article 82 If a road traffic accident constitutes a crime and the driver's motor vehicle driver's license should be revoked according to law, the traffic management department of the public security organ of the city divided into districts shall revoke the motor vehicle driver's license according to law after the people's court makes a guilty judgment. In case of escape at the same time, the traffic management department of the public security organ shall at the same time make a decision according to law not to obtain a motor vehicle driver's license again for life

extended data:

the other party's full responsibility claim process:

1. After a traffic accident occurs, the first thing to do in the other party's full responsibility claim process is to report the case in time. Under normal circumstances, insurance companies need the insured to report within 48 hours. In case of robbery, they should report within 24 hours. If there are casualties, you should immediately dial 120 to save lives

2. After investigating the report, the insurance company will send people to the scene to check whether it is within the scope of insurance liability. Therefore, before the arrival of insurance company personnel, car owners must protect the scene of the accident. If there is a traffic jam in the morning, you can negotiate with the traffic police and wait for the vehicle to be processed

Usually, if the damage of the vehicle is not serious, the surveyors of the insurance company can directly determine the damage on the spot, and the customers can also drive the vehicle to the repair shop directly. However, if the degree of damage to the vehicle is relatively large, it is necessary to go to the loss assessment center for loss assessment

4. Submit claim information

after the completion of the above three steps of the other party's full liability auto insurance claim process, what to do is to submit claim information. The insurance contract stipulates that the insured shall submit the necessary accident documents to the insurance company within ten days after the public security traffic management department has settled the case. When these steps are completed, the car owner can wait for the insurance company's claim notice

5. Claim collection

after submitting the information, the insurance company will make claim settlement according to the requirements of the insurance company

8. Hello, 1. No one was injured in your accident, so we don't need to investigate the responsibility of the accident, just deal with it according to the traffic police's responsibility. 2. I don't know whether the loss determination point you said is the accident claim center of the traffic police or the loss determination point of the insurance company. If it is the loss determination point of the insurance company, as long as it is the loss determination point, the insurance company will give you the loss determination, and the liability confirmation letter can be provided later. 3. If it's the claim center of the traffic police, since the other party doesn't go, it means that the other party doesn't want to claim, and you don't have to give him money if he doesn't go. Buy two boxes of cigarettes for the person in the loss determination center, or give him some money. The loss determination point requires both parties to go to the loss determination point, which means that you should stay at the loss determination point to repair the car. If you go to the loss determination point for one or two days, he will repair one less car (all of which have inside information) or the loss determination point will issue a letter of responsibility and you will have to pay for it. 4. Call the other car owner through the traffic police, and ask him to go to the damage assessment point. I don't know if I am satisfied with the answer.
9. You called the police. The police should have a record of the scene. It can be used as evidence
your insurer has also investigated the site, and there must be site records. The insurer can assess the loss value of the other party
if the other party doesn't decide the loss, it's NABAR. On the other hand, you may be thinking about something
since you can't control each other, you don't have to chase each other every day. The closer you chase, the stronger the opponent is
contact your insurers, who have dealt with numerous accidents and know how to deal with them and how to consolidate the evidence
the most urgent task is to collect all the evidence (human evidence, material evidence, audio and video, photos, etc.) and keep the contact information of the other party after the accident, and fix it as evidence for future use
then, because there is no injury, the other party will ignore you. What are you supposed to do. You have done your ty. If you ignore the other party, the other party will come to you. If the other party doesn't look for you any more, isn't it just the end of the matter
good luck.
10.

Just do your part

the traffic police remind that in order to facilitate the accident police to understand the scene situation and facilitate the follow-up claim settlement work, the driver had better put some "accident scene record book" on the car. When no one is injured in a traffic accident, the driver can write down the other driver's name on the record book

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