My car was hit
They should pay me for the repairs
However, during the maintenance of the vehicle, no car was taken during the operation
Can i rent a car
Who pays for a taxi
What are the costs of alternative means of transport
Article 12 of the interpretation of the supreme people's court on certain issues of the law applicable to the hearing of damages in road traffic accidents provides that:
(1) the people's court shall support a person who requests compensation from the infringer for the reasonable cost of the normal alternative means of transport resulting from the impossibility of continued use of non-operational vehicles as a result of road traffic accidents。
(2) the people's court shall support a person who requests compensation from the infringer if a traffic accident results in the loss of reasonable stoppage caused by the legal inability of a vehicle to carry out the business of transporting goods, transporting passengers, etc。
The cost of alternative means of transport refers specifically to the costs incurred by non-operational vehicles in the absence of a vehicle in the event of a traffic accident in which the person chooses to use different alternative means of transport, such as public transport, taxis, rentals, etc。
In the case of operational vehicles (including taxis, mesh cars and large trucks), the loss of use due to accident damage is a loss of stoppage, which needs to be measured in terms of vehicle stoppage time and income。
Are all alternative transportation available for payment
Os: how about... Rent a rambokini
Public transport, taxis, rentals, etc. Are alternative means of transportation, but the judicial interpretation clearly states that “the reasonable cost of normally alternative means of transport” is compensable. So how does the judge measure “reasonable” here
First, the purpose of the use is to take place in a daily manner. Non-operational vehicles are usually private vehicles used for commute, transport, shopping, etc。
Secondly, the choice of alternative means of transport should be reasonable. Public transport and taxis are generally considered as reasonable alternative means of transport。
Third, the option of leasing vehicles is also available for longer periods of maintenance and higher demand for vehicles. However, the purpose of leasing vehicles is to take steps, so the type of lease should be a common car, such as a high-end car such as lamborghini, which does not meet reasonable requirements. Even if the damaged vehicle is a high-grade vehicle, it should not simply be used as a reference for its own type of vehicle, which should remain a common car。
But i don't know if i can rent a limo, i already rented lamborghini, paid for it, i didn't take responsibility in the accident, and i can't get compensation for the money spent
Non-operational vehicles are generally used as a step-by-step tool, such as alternative means of transport claimed, which are clearly prohibitively expensive and cannot be fully supported even if actual actual expenditures are part of the increase in losses due to their own causes。
The cost of alternative transportation should therefore take into account factors such as vehicle requirements, commuting distance, and local taxi rates, using taxi fares that would normally be required as the general basis for calculating the cost of alternative transportation. In the case of rental use, consideration should be given to the necessity of rental, the reasonableness of the type of rental, using local general rental standards。
3. In what period is the cost of alternative transportation compensable
The cost of alternative means of transport incurred during the period from the date of the accident until the date on which the vehicle was repaired shall be supported。
In reality, delays in the maintenance of vehicles due to maintenance fee disputes are widespread. As an aggrieved party, the insurance company should be urged to award damages as soon as possible, and in cases where maintenance costs are more controversial, the aggrieved party should as soon as possible initiate proceedings to commission the evaluation body to evaluate them, so that the delay does not result in increased losses. In the event that the aggrieved party's own fault in refusing the insurance company to order damages, delay in sending the vehicle to repair, delay in drawing up the vehicle after completion of maintenance, the cost of alternative transportation during the period cannot be considered reasonable。
4. Who will pay for alternative means of transport
After a traffic accident, the person concerned may at the same time sue the infringer and the insurance company for the vehicle in question. The cost of alternative means of transport is not covered by liability insurance, and the availability of commercial insurance compensation is subject to the circumstances. In some cases, insurance companies have refused compensation on the ground that the clause provides that “indirect loss is exonerated”。
At this point, it is to be judged whether the insurance company has advised the policyholder about the part of the exemption and, if the obligation has been fulfilled, the cost of the alternative means of transport should be reimbursed by the infringer itself, or by the commercial insurance company if the insurance company has failed to do so. Thus, as the injured party, it is recommended that, in order to prevent an inversion between the subjects of compensation, claims be made against both infringers and insurance companies。
5. What needs to be done when a vehicle crashes
Following an accident, consultations should be actively undertaken on communications vehicle maintenance to ensure that damaged vehicles are repaired and put to life as soon as possible in order to reduce the number of days used for alternative vehicles. On the one hand, the evidence was kept in order to claim the loss; on the other hand, the infringers were urged to report the damage to the insurance company in a timely manner, order the damage and send the damaged vehicles for repair, and then lift the vehicles when the repairs were completed。
Tips
In asserting the cost of alternative transportation, it is worth noting that ..
(1) by public transport or by taxi. Corresponding instruments should be provided, with an indication of the purpose of their use, such as going to and from work, delivering children, etc。
(2) if the vehicle is leased, it shall be leased from a legally regular rental company, enter into a written lease contract and carefully read the terms of the contract and provide proof of payment of the rental fee and the corresponding invoice。
(3) on “reasonable period”. Provide certificates from the traffic police on the number of days taken to deal with traffic accidents, certificates of the date of entry and exit from the plant, etc。
