But if you meet the property of a third party, the situation is often very different. Dealing with it is the most complicated, and the result is often * * unexpected, which gives people the feeling that it is not as good as repairing a car, and it is not as willing to compensate the other party for a little money as hurting people. In many cases, it is like swallowing a fly, which is disgusting but helpless. < P > In our society without faith and integrity, when it comes to such things, it is really helpless to rely on the government, but it is like a cake in a painting or in the distance. That is, think about it.
I absolutely believe that in our society, there are many good people but unfortunately. In the cases involving traffic accidents that I have been in contact with, it is precisely the vast majority of people who are taking advantage of the fish in troubled waters, and the final result can only be that the customers are very injured.
Here, from the perspective of realistic treatment, please remember that it is not a legal point of view and give you some guidance, hoping that those who are not insured can lose less. There is a little gap between the insured and the insurance loss. How much effect can it have? It varies from person to person and from thing to thing. If you really feel trouble, avoid this kind of accident.
There are national standards that insist on paying according to the standards.
If you accidentally run into the property of the country, then Amitabha, the government can't help you uphold justice, but fortunately, the government still has some rules, at least it won't bully you like ordinary people, but remember, This is what you know. If you are stupid, you just say what others say, and you meet some bad people, then it is not the government bullying you.
The road property compensation of national expressways is the most standardized, not only with a specific and clear compensation standard, but also with you in the implementation. One is to find out whether the compensation standard is right, and the other is to find out whether the amount of compensation is consistent with the actual loss site. If it is, Pay the money quickly, and the insurance company will pay it in full
The road property compensation for ordinary roads is not so standardized. It is not that the country has no special compensation standard, mainly because there is too much artificial flexibility in the implementation of the road property compensation standard for ordinary roads, which generally depends on the road grade and property category. It may be that the standard is not updated enough. At present, its compensation standard is much lower than that of expressways, but the low standard is also being processed. We must make clear the local road property compensation standard. At the same time, it is necessary to find out the specific amount of losses, and then insist on paying according to the standard, and never listen to the guidance or intimidation of the staff.
Urban road facilities generally have clear standards in the local area, but this standard is not as transparent as the above two items. In this case, you must let the staff know what you know and insist on paying according to this standard, even if you think it is unreasonable. For example, if there is a national compensation standard, the insurance company will pay the compensation according to the standard completely, so you must get a copy of the compensation standard clearly in the process of handling the accident, especially the compensation standards are different in different places, and some compensation standards are not public enough. As long as they are paid according to the relevant national standards, then this standard is effective not only for you, but also for the insurance company. In this way, there will be no gap.
If there are industry standards, you can refer to the compensation according to the standards.
In traffic accidents, there is still a large category of property losses involving facilities of large industries, and most of these industries have a compensation standard for this, which can be used as a reference for compensation. The industries that distribute property along the road mainly include: communications, electricity and water conservancy.
Therefore, such property losses are not treated the same as the previous category. Mainly, the compensation standard for this kind of property loss is determined by the industry. It is not as wild as the property loss without standard, but it also tends to be more interested in its own interests in the budget, especially treating all the property that can be involved as lost property. Moreover, in actual repair, due to the characteristics of the industry requiring quick repair, its recovery cost is often * * lower than the budget standard
In case of such accidents, according to my experience, While we need to refer to the standards, we must insist on the most effective way to negotiate and deal with it, that is, to find a relationship, that is, to give you a face, and also to have a place to give it. I once encountered a case where my client hung up the communication pole in a different place, and the communication department claimed 17, yuan. As a result, through finding a relationship, I found an old local fellow villager of the Red Army, and finally only lost nearly 7, yuan. When we come back, the insurance company will pay in full
There is no standard to pay according to the market price
Many times we have no relevant compensation standard for damage, such as houses, shops, goods, tankers, trees and even chickens, ducks, pigs and dogs, which are the most troublesome to deal with, especially if the owners are different, the results will be different. I sometimes wonder that people who are usually good will often show some awkwardness as soon as they get it right. As for the compensation for this kind of property, according to Article 117 of the General Principles of the Civil Law, those who damage the state's collective property or other people's property should be restored to the original state or compensated at a discount. It is obvious that the property is damaged, and the principle of restoring the original state is the first. If it is impossible to restore the original state, the principle of compensating for losses can be adopted as the second. In fact, in reality, due to the fact that restoring the original state is often subject to many restrictions, Therefore, it is very necessary to calculate compensation according to the cost of restitution, that is to say, the compensation standard is the repair cost calculated according to the market price
For example, items such as houses and electrical appliances are generally compensated at the repair price and cannot be repaired, so they will be compensated at a discount. There are two points to pay attention to here. First, those that can be repaired should be repaired as much as possible, especially buildings such as houses, which are generally not of repair value. Therefore, repair is generally the main reason for the repair price. If the two sides can't reach an agreement, they can negotiate to find a budget issued by a professional institution or a person with professional qualifications agreed by the three parties (including insurance companies) as the basis. Second, what can't be repaired is discount compensation. Note that this is a discount. When discounting, we should calculate the value of the original, the old and new market prices of the original, and the residual value to compensate for the discount, not the original price, nor the price of new goods. That is to say, we must follow the principle of paying according to the actual price, and we can't let the other party improperly benefit from the accident. If the pet loses its use value or dies due to injury, it will be appraised by relevant departments and compensated at a discount. The discount here should consider the residual value factor. As for precious pets, we must remember to investigate the owner's supervision responsibility and find professionals to identify the pet's type and market price, so as to avoid being wrongly
If it is damaged, it will be some highly professional properties, such as the speedometer of the weighing tanker. If you don't understand, you must ask the relevant national technical appraisal department to issue an appraisal opinion on the degree of loss and the repair price, or you can ask the other party to provide the original bill for entry.
In another case, if you encounter the loss of the goods pulled by the other party's car, you should generally ask the other party for the waybill and the original bill of the goods, and you can make compensation according to the delivery price of the goods. Instead of the market price
meeting blackmail to admit bad luck or going to court
In reality, we often encounter examples of being blackmailed, especially when we touch the things of ordinary people, and then you meet a master who wants to make a mistake, which will be in big trouble. Unfortunately, although this kind of thing is not 1%, it is definitely the vast majority of people who have run over a chicken and lost the other party, 8 yuan, on the grounds that the chicken wants to lay eggs. There was a case where a corner of a private house was damaged, but the claim was 15, yuan, but the other party only repaired it with bricks after receiving the compensation, and the cost of money never exceeded 3, yuan
In this case, it was really a heavenly king that Lao Zi came and there was nothing he could do. Although there was a government and a court, when people were reasonable and unreasonable, the public servants of the people were unwilling to get involved, just like the compensation for private houses mentioned above, and they all found the local area. If you are in a hurry, I will ask you to tear down the house and rebuild it, or I will detain your car. What's wrong? Therefore, consultation is still the fundamental way to solve the problem. As long as the gap is not too big, admit your bad luck, and consider yourself as a relief
But if there is a big gap and negotiation is impossible, it is also a way to go to court to solve it. The problem is that the injured will not sue you, but how can they sue others? If you want to sue him for impounding your car, that's another layer of civil relations. If it's difficult to go to court, the biggest advantage is that the judgment always has a basis. This basis is also applicable to insurance companies. It's just the trouble of going to court, so you can only bear the problem of coordination between accident handling and insurance companies. In handling such accidents, you must pay attention to timely communication with insurance companies and use their knowledge and expertise to help you handle the accident together. It can also lay a good foundation for future compensation, but there are several points to pay attention to:
First, the insurance company is only responsible for economic compensation, not all your civil liabilities. I often hear customers say, I can't handle it. Your insurance company can't handle it. The reason is because of social problems. The insurance company also has no good way, but the insurance company will definitely calculate the compensation according to the principled things when making compensation. It is impossible for the same thing to end up with two different compensation results, so the rights of the person in charge are too great. It is most appropriate to have a good attitude and actively handle the accident. < P > Second, it is best to ask the insurance company for advice before negotiating compensation. Many examples are self-insured. As long as they are negotiated with the injured party, especially witnessed by the traffic police department, the insurance company will pay in full. This is completely wrong. If it is a loss such as road property, because everyone's standards are the same, there is no problem if you don't contact the insurance company. However, if you encounter special objects or fish in troubled waters, it is best to make some facts clear before compensating the other party, and it is best to get the final loss assessment opinion of the insurance company. Even if you have no way to pay more for some reason, Also know fairly well
Third, the insurance company pays all the direct losses according to the terms and conditions, but does not pay compensation for the indirect losses. In traffic accident compensation, the losses caused by the shutdown of operating vehicles due to damaged facilities may be claimed. If you finally bear such losses, you can only bear them yourself
Fourth, you must sign a compensation agreement with the legal owner of the damaged property, and you have encountered such an example when you get a legal compensation certificate. Obviously, it is a national road property, such as trees on the roadside. As a result, the customer gets back a private compensation receipt, which leads to imperfect procedures and has to be reissued. In reality, some properties may be entrusted for management, but when we sign the agreement, we must sign with the original owner or issue a power of attorney. Otherwise, the things are municipal, but the receipts are from the sales department, and the insurance company cannot compensate.