The purpose of buying motor vehicle insurance is to have peace of mind. Logically speaking, responsibilities can be delineated and left to the insurance company. However, what happened to these two car owners in Xi'an made them very troubled: the liability determination was very clear, but when the car was repaired, it was not clear. If you encounter trouble, either the insurance company is too expensive and refuses to assess the damage, or it disagrees with the car owner's maintenance opinions, but the result is that the problem is still unresolved.
A traffic accident caused serious damage to the cab.
Who has the final say whether to repair or replace the cab?
Car owner: It is safer to replace it as a whole.
Insurance company: If you can repair it, it will cost 20,000 yuan.
A traffic accident caused serious damage to the dump truck cab. The owner wants to replace it as a whole, but the insurance company of the party responsible for the accident insists on disassembling it. Those who can repair, repair. The repair plan has not been agreed upon for a long time. Twenty days have passed and the car is still parked in the repair shop. I donāt know what to do.
A traffic accident caused serious damage to the cab.
The owner of the car wants to replace the entire car. On June 1st, Mr. Kouās dump truck collided with a cement tanker in Lantian County, Xiāan City, causing a traffic accident, causing the cab of his vehicle to be severely deformed. , fortunately no casualties were caused.
"The other party was found to be fully responsible for the accident, and I was not the responsible party." Mr. Kou said, "The vehicle was transported to the repair truck that day to wait for repairs."
The person in charge of the repair shop told the reporter of the Chinese Business News that the other party's insurance company took the photo the next day. After taking the photo, the repair shop dismantled the severely deformed cab. After inspection by the maintenance shop, it was found that the cab was seriously damaged and many parts were damaged. The cost of repair would be very high, and it would be more convenient to replace it as a whole. As for whether to repair or replace, the maintenance shop's opinion is either one is fine, but from the perspective of safety and convenience, overall replacement is better.
Mr. Kou also hopes to replace the entire vehicle. After all, there has been a serious accident, and he does not want the vehicle to continue to have minor problems or even safety hazards after repairs.
On June 21, a reporter from Huashang Daily saw Mr. Kouās dump truck in the repair shop. The cab had been completely disassembled. The external structure of the cab was severely deformed, and the internal visible parts were also damaged to varying degrees.
The insurance company that is solely responsible for the accident: repair what can be repaired, and replace what cannot be repaired
However, the insurance company of the other party's vehicle and the loss assessor of China People's Property and Casualty Insurance Co., Ltd. gave a repair plan of replacing the cab shell. , ensuring that the structure is complete and solid. After internal dismantling, the parts, instruments, seats, etc. that are not broken will be kept for use. The damaged parts that can be repaired will be repaired, and the parts that cannot be repaired will be replaced with parts.
"Our solution is expected to be more than 20,000 yuan cheaper than a complete replacement. Judging from the damage, the complete replacement cannot pass the claims process. There is no damage to the cab seat, so we can't just replace it with a new one." The party responsible for the accident A claims adjuster from an insurance company told a reporter from the China Business News, "The repair shop has relevant qualifications and the repairs will not affect the safety of the vehicle."
The maintenance plan could not be negotiated, and the two sides reached a stalemate. Mr. Kou's dump truck I had no choice but to park in the repair shop. "I don't have any opinion. Whether to replace or repair it mainly depends on the opinions of both parties involved in the accident." said the person in charge of the maintenance shop.
In desperation, Mr. Kou turned to his insurance company for help. He hoped to apply for subrogation compensation from his insurance company. However, after the insurance company Yongan Property Insurance learned what happened, it rejected Mr. Kouās application for subrogation compensation. "My insurance company explained that currently I cannot reach an agreement with the responsible party on the maintenance plan, and this does not constitute the other party's refusal to pay compensation." Mr. Kou said that his car is a commercial vehicle. If we cannot reach an agreement with the other party in the end, we will resort to judicial proceedings. Stand up for your rights.
On July 4, the reporter learned that the insurance company is still negotiating with the car owner on how to repair it.
Lawyer
Maintenance plan is controversial and can be identified.
Operating vehicles can be claimed for outage losses.
Senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer. Zhao Liangshan believes that whether vehicle parts should be replaced or repaired, if it can be repaired well, repair is the first choice. , only replace it if it cannot be repaired.In this incident, we cannot simply listen to the opinions of the insurance company, the car owner, or the repair shop as to whether the vehicle meets the conditions for replacement if it cannot be repaired. If there is a dispute about this, it is recommended that both car owners and the insurance company jointly entrust an appraisal agency. The appraisal agency determines whether it is replacement or repair.
Zhao Liangshan pointed out that property losses caused by traffic accidents include direct losses and indirect losses. Direct losses usually include vehicles, personal belongings, vehicle cargo and other property, as well as on-site rescue (insurance) and aftermath costs; indirect losses usually include outage losses, etc.
He said that if a operating vehicle suffers a traffic accident, it must pay for outage losses. The starting date for outage losses is calculated from the date of the accident until the vehicle is repaired or replaced and the vehicle is used normally; The standard refers to the profit loss of the same industry during the same period. Huashang Daily reporter Xie Tao Photography Deng Xiaowei
