Is It Over After the Other Party Repairs the Car in a Collision?
1 Answers
In general, if the direct losses to your side in the accident only involve vehicle damage (no personal injuries or other direct property losses), in principle, the at-fault party is only responsible for compensating the cost of repairing your car, with no other compensations required (including transportation expenses or loss of income during the repair period). If your vehicle is severely damaged in the accident, making it impossible to restore to its original condition or affecting its original performance, and you believe you are entitled to claim depreciation losses, you need to have an authorized traffic accident property damage assessment institution conduct an appraisal and issue a certified value loss assessment report. Then, you can file a civil lawsuit against the other party through the court, and the court will ultimately determine the compensation liability of the at-fault party. The legal basis is stipulated in the "Road Traffic Safety Law of the People's Republic of China" as follows: Article 73: The traffic management department of the public security organ shall, based on the on-site inspection, investigation, and relevant test and appraisal conclusions of the traffic accident, promptly prepare a traffic accident certification document, which serves as evidence for handling the traffic accident. The traffic accident certification document shall specify the basic facts, causes, and responsibilities of the parties involved in the traffic accident and shall be delivered to the parties. Article 74: In case of disputes over compensation for traffic accident damages, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the People's Court. If the parties fail to reach an agreement through mediation by the traffic management department of the public security organ or if the mediation agreement is not fulfilled after it takes effect, the parties may file a civil lawsuit with the People's Court.