It's a pity that too many people in China are living in difficulties, and the level of car smashing incidents is low.
You can't blame the bad environment, you can't jump high, and you can't blame gravity.
In short, impulse is the devil.
Vehicle damage and graffiti may be paid by the insurance company.
Southern Metropolis Daily 2012-09-210: 08:10 Comment 0 Watch the news anytime and anywhere.
(Source: Southern Metropolis Daily Du Nan Comics: After buying a car, Zhang Jianhui's car owners often buy a car insurance, hoping that the insurance company can bear the losses when the car has an accident and make the car life safe and worry-free. However, not all losses can be paid by insurance companies. There are many exemption clauses in the insurance clauses. When the accident falls within the scope of these free clauses, the insurance company will not bear the maintenance costs. Then, in this case, how can car owners reduce losses and avoid such tragedies in their daily driving? Case 1: If the vehicle is damaged artificially, the perpetrator shall bear civil and criminal responsibilities. (Source: Southern Metropolis Daily Du Nan. Com) Recently, vehicle damage has occurred in many places across the country. Who should pay for the losses of these owners? This is the issue that everyone is most concerned about. According to insiders of the insurance company, the vehicle loss in this protest belongs to the insurance exemption clause, and the insurance company does not pay the relevant losses. "But sometimes, in order to show social responsibility, the regulatory authorities sometimes hope that the insurance company will play a role of rescue, and the insurance company will also pay compensation according to the situation. The compensation schemes in different cities will be different. " An insurance company claims manager surnamed Zhao told Southern Reporter that this compensation scheme has obvious "local characteristics" because there is no clear regulation. At present, an insurance company in Shenzhen has received a verbal notice requesting compensation for the recently damaged vehicles in Shenzhen. Some insurance companies in Guangzhou received verbal notice that the damaged vehicles should be registered first, and then specific treatment opinions should be given after a period of time. "The smashed vehicle was artificially damaged. According to Article 49 of the Law on Public Security Administration Punishment and Article 275 of the Criminal Law of People's Republic of China (PRC), depending on the degree of damage, the infringer will bear administrative responsibility or even criminal responsibility other than civil compensation. " Li, a lawyer of Guangdong Shengdian Law Firm, said that according to Article 8 of the Law on Public Security Administration Punishment and Article 36 of the Criminal Law of People's Republic of China (PRC), the perpetrator should bear corresponding civil liability for the economic losses caused by the victim's behavior. The responsibility of the perpetrator should be determined according to the amount of damage caused. According to the first paragraph of Article 33 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs, whoever intentionally destroys public or private property and causes losses of more than 5,000 yuan of public or private property shall file a case for prosecution, that is, the actor shall not only face criminal punishment, but also bear civil liability for compensation. Case 2: If the vehicle is graffiti, you can save the country through scratch insurance. Mr. Huang has a good driving habit and his vehicle has not been out of danger for three consecutive years. But what happened on Monday made him very distressed. When he left home and drove out that morning, he saw the words "You are XXX" written on the left side of his car and the words "Sell the car quickly" written on the right side. "This car must be repainted, otherwise it can't be driven again!" Gao Hua, who has been engaged in claims for many years in insurance companies, said that the responsibility for graffiti on vehicles lies with the perpetrators. He should pay for repainting, but according to past experience, it is difficult for the owner to find a malicious lettering person in this case. In the absence of the perpetrator, who should pay for Mr. Huang's painting damage can be handled in two ways. "If Mr. Huang bought the car body scratch insurance, he can report the case to the insurance company and pay through this insurance. In fact, the man-made scratches on the vehicle and the handwriting on the vehicle are not covered by the scratch insurance, but many times the insurance company will pay. If Mr. Huang did not buy this insurance, the loss of repainting can only be compensated by himself. " Gao Hua said that he had been exposed to several cases of vehicles being maliciously scratched this year, all of which happened when the owners went to rural go on road trip. Some naughty children or nosy people will secretly draw or write on the car with stones. The National Day Golden Week is coming soon, and many car owners have plans to travel. Gao Hua reminds everyone that parking in the countryside should be parked in a guarded place. Case 3: Hit a relative, and the insurance refused to pay for the "three risks" (Source: Southern Metropolis Daily Du Nan. There was a lawsuit recently, which attracted the attention of the media and riders. Xiao Li, who is engaged in scrap purchasing in Shunyi, Beijing, accidentally crashed his six-year-old son into a serious injury while driving a big truck. The insurance company only agrees to pay 1 10,000 yuan within the scope of compulsory insurance, and refuses to pay the third party liability insurance for commercial insurance. The two sides therefore started a lawsuit. (Source: Southern Metropolis Daily Dunan Net If Xiao Li is injured by others, then the injured can get compensation from commercial third party insurance. The reason why the insurance company refused to pay compensation this time is that according to the provisions of Article 2 of the Motor Vehicle Third Party Liability Insurance Clause, the personal injury or death of the insured motor vehicle driver and his family members, and the loss of all or entrusted property are not within the scope of liability. In other words, family members do not belong to the "third party" in the "third party liability insurance". This case has caused great controversy, and the result of the lawsuit has not yet come out. However, in the past, due to the inexperience of drivers, cases of driving to death and injuring relatives were often seen in newspapers. In these cases, car owners often need to sue for compensation. However, in not all cases, car owners can't get compensation for the injuries of their loved ones. Gao Hua made a further analysis to the Southern Reporter: "The compensation for such cases mainly depends on whether the driver's relatives are in the car or in the car. If they are injured in the car, then "seat insurance" can compensate for this part of the loss, even if the family members have one foot in the car and one foot on the ground. If an accident happens at this time, they can still get compensation from this insurance. If the family members have completely stood outside the car, the accident that occurred at this time is the exemption clause of insurance. " Gao Hua said that accidents that novice car owners hurt their loved ones often happen when parking or reversing. It is suggested that car owners keep the elderly and children away from the car body when doing such operations, so as to reduce the chance of accidents. Southern Reporter Lin Huiying wrote.