The "Mobile Micro Court" extension service has another path to clever disputes

Author:Jilin Ecological Civilization Time:2022.09.21

Recently, the Shuangyang Court ’s quick layout team tried a case of Zhang Mou, who involved the loss of the operating of the rental vehicle, and a dispute over the traffic accident liability for traffic accidents.

Whether the operational losses are appraisal of the chicken ribs are facing the dilemma

The amount of each case in each case is not large, but the common problem reflected in the face of the plaintiff as a taxi driver, it is objective and inevitable, but the amount is small. Wait, if the plaintiff who has the responsibility of proof, if you want to defend your rights, you often need to provide an evaluation report from the appraisal agency to prove that the appraisal fee often exceeds the amount of the lotime. Below by the insurance company, the cost of litigation of the plaintiff's right to defend the rights company also increases the final operating cost of the insurance company and is not conducive to the resolution of contradictions.

Simple cases of cases, the facts are clear that the amount of loss is difficult to quantify

The plaintiff Zhang drove a taxi and collided with the defendant Duan. Duan was fully responsible. The vehicle he drove in an insurance company insured the three insurance insurance and commercial insurance. The maintenance cost was completed, and there was still no compensation for the loss of vehicle operation. Therefore, the plaintiff Zhang complained to the court. The plaintiff Zhang was qualified for taxi driver. In a certain assessment report in the court, there was a result of 300.00 yuan in business loss of local taxis during the same period.

Use reasoning to determine the facts to handle each other as appropriate

In the face of such a difficult situation, the quick -layout judges use logical reasoning and daily life experience to conduct objective and comprehensive review of the evidence, and combine related facts to confirm the fact that the two parties have the facts of suspension of losses. In the case of the identification in another case, Zhang made the concession that the daily business loss of the taxi was 200 yuan, and the insurance company did not raise objections. The court determined that the daily business loss was appropriate and made a judgment based on this. The defendant's insurance company compensated the plaintiff Zhang's vehicle suspension of 2,000 yuan within the scope of the liability limit of the business of the three commercial insurance liability limit on the day of this judgment.

Appraisal inquiry Reference to Trial operation loss quantitative consideration

Regarding the case involving operating vehicles in the liability dispute between motor vehicle traffic accidents and disputes over the claims related to the insured person's substitution, the operational loss should be determined. In practice, there are many different voices, identification, inquiry, and industry income. Whether the standards can be distinguished according to the specific cases, which is worth thinking, which not only depends on the attitude of the insurance company, but also depends on the plaintiff's ability to proof. The handling of such cases will play a positive role in citizens' correct rights protection and promoting the business environment of insurance companies.

Contributor: Zhu Libo

Edit: Lu Yanlong

Audit: Yang Xueyan

Editor: Chenxiao

Editor: Wang Xingke

Final trial: Wang Yanchun

Produced: Li Yiling

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