Can I Get Compensation Without Repairing the Car If the Other Party Is Fully at Fault?
4 Answers
Yes, but generally, you need to go through the damage assessment process first. After the assessment, you can choose not to repair the car or directly accept the compensation amount offered by the other party. The main compensation items and standards you can claim are as follows: 1. Medical Expenses: Determined based on the medical and hospitalization fees issued by medical institutions, along with relevant evidence such as medical records and diagnosis certificates. 2. Loss of Income: Determined based on the victim's lost work time and income status. The lost work time is determined by the proof issued by the medical institution where the victim received treatment. If the victim is disabled due to the injury and continues to lose work time, the period can be calculated up to the day before the disability assessment date. For victims with a fixed income, the loss of income is calculated based on the actual reduced income. For victims without a fixed income, the calculation is based on their average income over the past three years. If the victim cannot provide proof of their average income over the past three years, the calculation can refer to the average wage of employees in the same or similar industry in the previous year at the location of the court handling the case. 3. Nursing Fees: Determined based on the income status of the nursing personnel, the number of caregivers, and the duration of nursing. If the nursing personnel have income, the calculation refers to the provisions for loss of income. If the nursing personnel have no income or are hired caregivers, the calculation refers to the local standard labor remuneration for caregivers providing the same level of nursing care. In principle, there should be one caregiver, but if the medical institution or assessment agency provides a clear opinion, the number of caregivers can be determined accordingly.
I've handled this situation many times. It's entirely possible to receive compensation without repairing the car when the other party is fully at fault, but you must follow the formal insurance procedure. The insurance company will typically send an assessor to inspect the vehicle damage, evaluate the repair costs, and then directly pay the cash into your account. However, you need to provide a repair shop's quotation as proof. Even if you don't repair the car, you must first obtain the quotation to justify the loss amount. After receiving the payment, you can choose not to repair the car, but driving a damaged vehicle may affect safety—issues like suspension or headlight problems could lead to other malfunctions later. Also, remember to sign a confirmation document to ensure the insurance company acknowledges this as a one-time settlement, preventing them from seeking reimbursement later. Overall, this approach is suitable for minor damage or when you're not in urgent need of the car. At least you can recover some money to buy a new car or use it elsewhere, but be sure to contact the other party's insurance promptly for assessment to avoid delays. From experience, filing a claim within 24 hours of the accident is the safest approach.
From a legal perspective, I understand your point. When the other party is fully at fault, you absolutely have the right to claim compensation without repairing the vehicle. Once liability in a traffic accident is clearly determined, according to the Road Traffic Law, as the aggrieved party, you can claim property damage compensation. The compensation amount is generally based on the vehicle's market value and actual damage assessment. The insurance company will calculate repair costs or depreciation fees and make direct payment. However, in practice, I've encountered some pitfalls. For example, the insurance company may insist that you obtain a repair estimate from their designated auto shop before paying out, or their valuation may be low, requiring you to negotiate for higher compensation. If you take the money without repairing the vehicle, its condition may deteriorate, complicating liability determination in case of another accident. I recommend collecting accident scene photos and the liability determination report, then promptly contacting the insurance claims adjuster to emphasize your request for cash compensation only. In most cases, this can be achieved.
Last time my car was hit and the other party was fully at fault, I didn't repair the car but still got the money. It was quite simple. After the accident, first call the police to get the liability determination document, then contact the other party's insurance adjuster to assess the damage and provide an estimate. Once the compensation amount is agreed upon, there's no need to actually repair the car. They directly transferred the money to me, and I just had to sign to waive the repair. I used the money to buy something else, which was great. However, be aware that if the damage is severe, not repairing it might pose hidden risks. When selling the car later, its value could drop significantly, and it might also affect safety.
