Non-tariff barriers by HS code

List of contents of this article:

• 1 、The car was smashed by a high-altitude falling object, how to compensate the insurance

Who will compensate for the broken car caused by the wind

If the big tree is broken and smashed due to force majeure such as natural disasters, if the vehicle is insured, the insurance company shall bear the compensation. If there is no insurance or not within the scope of compensation of the insurance company, by The car owner shall bear it by himself.

As a result, the next morning, it was found that the car was smashed by a strong wind. After Mr. Li called the police to determine that the vehicle was damaged, he asked the property for compensation for the loss of the vehicle, but the property management company thought he was not responsible and refused to compensate.

Both parties share the responsibility. According to the information of Hualv.com, the wind blew down the electric vehicle and hit the car. This responsibility is that the owner of the battery car bears part of the responsibility, and the car bears part of the responsibility. Both parties are the victims, and both parties need to take joint responsibility.

If the vehicle is damaged by a strong wind caused by non-human factors, it is an accident, and the loss shall be borne by the owner himself without compensation from others.

Legal analysis: When the insured makes a claim with the insurance company, the insurance company will generally handle it as follows: (1) It can find a third party (i.e. the owner of the thing) and ask the insured to recover from the third party. ( 2) If the third party does not pay, the insurance company can compensate in advance.

If it isItems falling due to human causes: If someone throws items from upstairs or on the vehicle, or if the construction personnel's tools accidentally slip, etc., resulting in the vehicle being smashed, the person may be responsible. In this case, the car owner can ask the relevant personnel to bear the liability for compensation.

High-altitude throwing smashing a carWhat is the crime

1. Legal analysis: High-altitude throwing and smashing a car is suspected of high-altitude throwing. According to the relevant laws and regulations, if the circumstances are serious, those who throw objects from buildings or other high altitudes shall be sentenced to fixed-term imprisonment of not more than one year, detention or control, and shall also be fined. High-altitude throwing is an uncivilized behavior, and it will bring great social harm.

2. High-altitude throwing objects hitting the vehicle is a dangerous act, which will cause personal injury and property loss. According to China's criminal law and relevant laws and regulations, acts that endanger public safety, such as high-altitude throwing, may constitute the crime of intentional destruction of public and private property or intentional injury.

3. Smashing a car is a suspected crime of intentional destruction of property. The punishment is as follows: The punishment for smashing a car is relatively light, which is a general violation of public security management.

How to compensate for smashing a broken vehicle to scrapping

1. Compensation = new car purchase price - depreciation amount. If there is no deductible for the purchase, a part of it will be deducted.

2. Generally speaking, the compensation formula of the insurance company is "car price* (1-0.6%*month of use) - vehicle residual value", of which 0.6% is the monthly depreciation rate of the car. Depending on the insurance company and the insured amount, the payment method of the insurance company also varies.

3. Generally speaking, the compensation formula of the insurance company is the vehicle price * (1-0.6% * month of use) - the residual value of the vehicle, of which 0.6% is the monthly depreciation rate of the vehicle. The compensation method of insurance companies also varies depending on the insurance company and the insurance amount.

4. The insurance company will settle the claim according to the scrapping insurance of the vehicle. For vehicles damaged in traffic accidents, insurance companies will advocate repair-based standards. If the vehicle does not meet the standard of scrapping, compensation will be made in accordance with the terms signed in the contract, and the amount of compensation will be used to repair the vehicle.

5. If it is an accident or an ownerless thing is smashed, and the vehicle damage insurance is insured, the vehicle damage insurance can compensate. If it is the negligence of others that causes a high-altitude falling object to damage the vehicle, the infringer shall compensate. In general, first find the perpetrator, that is, the owner or manager of the high-altitude falling object.

How to deal with smashing other people's vehicles

1. Theft, fraud, coaxing, robbery, extortion orThose who intend to damage public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; if the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

2. How to deal with smashing other people's vehicles? The handling of smashing other people's vehicles is as follows: (1) Civil liability should be borne.

3. Intentional destruction of other people's cars is the crime of intentional destruction of property. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. According to Article 275 of the Criminal Law of the People's Republic of China, the crime of intentional destruction of property refers to the act of intentional destruction or damage to public and private property in large amounts or other serious circumstances.

4. Smashing someone else's car is a crime of intentional destruction of property. Deliberately destroy wealthProperty crime refers to the act of deliberately destroying or damaging public and private property, with a large amount or other serious circumstances. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the capacity of criminal responsibility can constitute this crime.

5. Legal subjectivity: Deliberately smashing the glass of the vehicle is an illegal or criminal act of deliberately destroying public and private property. If it belongs to the arbitrary destruction of public and private property (naturally including other people's vehicles) for the subjective purpose of venting emotions, seeking stimulation, being arrogant, and making nothing happen, the amount of more than 2,000 yuan constitutes a crime of causing trouble.

6. First of all, if someone else's car is smashed with a stone and is caught at the police station, it does not constitute a crime to be detained for more than five days and less than ten days, and may also be fined less than 500 yuan. Secondly, if the circumstances are serious, they shall be detained for more than ten days and not more than fifteen days, and may also be fined not more than 1,000 yuan.

If the car is damaged by a high-altitude falling object, how will the insurance compensate

1. The insurance company will compensate. However, before that, the insurance company will ask the car owner to find the source of the high-altitude falling object first. If it is man-made, the main responsibility is the high-altitude projector. After negotiation and compensation, the insurance company will provide a certain amount of compensation for the owner's damage, about 30%.

2. The car is insured with car damage insurance, so the high-altitude falling object smashing the car is within the scope of compensation of the car damage insurance. If the owner of the car can find the person who threw the high-altitude falling object, the person shall be responsible for compensating the owner. If you can't find someone, you can ask the property management company for compensation.

3. If the vehicle has been insured and is within the scope of compensation, it needs to be compensated.If the specific responsible person can be identified, compensation can be given to the specific responsible person.

4. According to the law, if the car body is damaged by a high-altitude falling object, if the car owner buys car damage insurance, the insurance company will compensate within the scope of the car damage, but the car owner had better confirm his car damage insurance before settling the claim with the insurance company to see if his loss is within the scope of compensation, so that The claims settlement of the car insurance company is progressing smoothly.

5. The high-altitude falling vehicle smashed the insurance and settled the claim according to the specific situation: obviously, if the victim can be found, priority will be given to the victim to claim, and the insurance company will not compensate. If the victim cannot be found, the insurance company may negotiate 70% compensation according to the situation, and the remaining 30% shall be compensated by the person responsible for the high-altitude falling object.