Study On The Legal Issue Of Loss Assessment Problem During The Insurance Claim Of Motor Vehicles

The automobile ownership in China gains sustainable growth. At same time thenumber of traffic accidents also increase largely which is attributed by the bad conditionof road and traffic jams. More and more car owners tend to buy commercial motorinsurance. Consequently，the claims difficult problem in the motor insurance disputesattracts public attention. The loss assessment of the damaged car is a very professionaljob, and its report is very important for determining the number of the payment made byinsurer. But there is a world of difference between the two prices which cause the legaldisputes. The analysis of the issue deserve academic research. To tackle this problem, itis necessary to sort out the rights of the loss assessment. Only this way can the courtprotect the rights of both parties justly. In the first part of the paper, it will introduce twotypical cases of the disputes. In the second part, the paper will analyze the focus of thedispute: one is obligation and right, the other one is the choose of loss assessmentorganization. In the core part of the paper, it will embark on though discussion theobligation and right, and compare the roles of different loss assessment organizations,which is the innovation of the part. Particularly, it will try to establish the legal role ofthe insurance assessment institution. The fourth part will deliver its over points onjudgments on the cases. At last part, it will try to give suggestion on the question. It isimportant to make clear the explanations obligations of the insurer when the parties sign format contract. The method provides a feasible way to make up for the gaps in thelegislation for solving indemnity dispute. It is necessary to introduce a third-partyinsurance assessment agency to take participation in insurance assessment to assess thedamage, which may provide a potential solution to reduce disputes of same kind. Theinsured may voluntarily choose to buy the designated repair shop insurance additionalinsurance to meet their demand for professional repair shop to maintenance vehicles.