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How to compensate for the loss of flooded vehicles in underground garages?
The flooded car in the underground garage meets the claim conditions for losses caused by natural disasters, and the insurance company will compensate. If the underground garage is flooded because of the fault of the developer or the property, then they should also bear the corresponding responsibility and compensate the owner. How to compensate for the loss of flooded vehicles in underground garages? First of all, it is necessary to confirm which party has not fulfilled its corresponding responsibilities: developer: responsible for designing the drainage system of the garage according to the actual situation. Property: Responsible for disaster prevention, and notify the owner to take precautions. Insurance company: responsible for assessing losses and settling claims. Owner: Be alert to personal and property safety. If the owner feels that the property and the developer have not fulfilled their responsibilities, they can bring a lawsuit to the court. The judicial department will assess whether there are defects in the drainage system designed by the developer and investigate whether the property has fulfilled its obligation of prevention and notification. Among them, the design of drainage system is based on the general rainfall in this area. If it is a flood caused by sudden extreme typhoon and rainstorm like Henan, the developer does not need to bear it. Responsibility. Regardless of whether the developer and the property are responsible, as long as the vehicle is insured with car damage insurance, the insurance company will compensate. General insurance companies will first determine the damage, then judge whether the vehicle is worth repairing, and finally lose money to the owner. How much you can pay depends on the insurance policy. The calculation formula is: fixed loss amount ×( 1- absolute deductible rate). If there is no absolute deductible, the insurance company will fully compensate; If the engine damage insurance is insured, the insurance company will not pay for engine maintenance. Generally speaking, the water level of vehicles soaked in water exceeds the hood and is largely scrapped. The compensation formula for scrapped flooded vehicles is: actual compensation amount = (present value-vehicle residual value) ×( 1- franchise rate). Among them, the present value of the vehicle = the purchase price of the new vehicle ×( 1- the number of months that the insured motor vehicle has been used × the monthly depreciation coefficient). The monthly depreciation coefficient is shown in the following table: small passenger cars with less than 9 seats for family use-trucks with trailers-low-speed trucks and tricycles-other vehicles-Note: the part less than one month is not depreciated, and the maximum depreciation amount does not exceed 80% of the purchase price of the insured motor vehicle at the time of insurance. For example, if the purchase price of a five-seater private car is1.5000, and it is used for two years, the residual value is 50000 after soaking in water, and the deductible of car damage insurance is 0, then the present value of the car is =1.5000× (1-24× yuan), and the actual compensation amount is = (present value-the residual value of the car). After the insurance company pays, if the court decides that the developer and the property are responsible, then the owner should also be compensated. Case: 20 13 Mr Xu's car in Xiamen was flooded in his underground garage, resulting in more than 10,000 maintenance expenses. Mr. Xu believes that the heavy rain caused the garage to be flooded, and the residential property has great responsibility. Because the sluice at the garage door failed to play a corresponding role, the property did not take emergency measures such as pumping and containment, and did not inform the owner to transfer the vehicle in time, so the property was brought to court. However, the property believes that the rainstorm brought by the typhoon is in the middle of the night and cannot remind the owners; What's more, it rained so suddenly and so heavily that sandbags and water baffles didn't work at all; The sediment brought by the rain blocked the collecting well in the garage. Although the property has been rescued, it still cannot be dredged. The court held that the property did not fulfill its obligation to maintain the garage-related facilities, so preventive facilities such as water retaining gates failed to play their due role, and prevention and assistance were not in place. At the same time, this typhoon and rainstorm is really too violent, even if the property prevention is in place, it can't prevent the garage from being flooded. Finally, the property was ordered to compensate Mr. Xu for 30% of the maintenance costs as liquidated damages.
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