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No. 2 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Zhao [REDACTED] v. an Entity (Dispute over Property Damage Compensation)
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最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之二：赵某诉某单位财产损害赔偿纠纷案
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【法宝引证码】
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- Procedural status：
Trial at First Instance
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| No. 2 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Zhao [REDACTED] v. an Entity (Dispute over Property Damage Compensation) | | 最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之二：赵某诉某单位财产损害赔偿纠纷案 |
| Basic Facts of the Case | | 基本案情 |
| Affected by typhoon "Doksuri," there was a sudden heavy rainfall in Laishui County, Hebei Province on August 1, 2023, causing the collapse of the wall of an entity and three vehicles, including Zhao [REDACTED]'s vehicle, were damaged. On August 19, Zhao [REDACTED] submitted a complaint to the Primary People's Court of Laishui County, Hebei Province and requested that the entity should compensate 40,000 yuan for the loss to his vehicle. After accepting the case, the Laishui Court immediately carried out mediation through the "Lao Ma Mediation Room," which then proactively mediated matters including the vehicle damage assessment and vehicle repairs. The entity filed an application that the repair costs of the damaged vehicle should be assessed by a professional appraisal body. Considering the high costs and long duration of appraisal of the vehicle damage, which were disadvantageous to both parties, the Laishui Court fully explained the situation to both parties. Finally, both parties voluntarily chose assessment instead of appraisal to determine the vehicle damage. Laishui [REDACTED] Automobile Sale and Service Co., Ltd. conducted assessment of the repair costs of the damaged vehicle. Through mediation, both parties reached a mediation agreement in a timely manner, the Laishui Court issued a judicial confirmation, thus concluding the case and resolving the dispute. | | 受台风“杜苏芮”影响，2023年8月1日，河北省涞水县突发强降雨，致使该县某单位围墙倒塌，造成包括赵某的车辆在内的三辆车辆受损。8月19日，赵某向河北省涞水县人民法院提交诉状，请求被告某单位赔偿车辆损失4万元。涞水县人民法院受理此案后，立即依托法院“老马调解室”开展调解工作，“老马调解室”积极就车损定额、修理等事宜进行调解。某单位申请由专业鉴定机构对受损车辆进行维修费用评估，考虑到车辆损失鉴定费用高、周期长，对双方均不利，涞水县人民法院将此情况向双方充分释明，最后双方自愿选择以评估代替鉴定的定损方式，由涞水县某汽车销售服务有限公司对受损车辆维修费用进行评估定损。经过调解，双方及时达成调解协议，并由法院出具了司法确认书，实现案结事了。 |
| ．．．．．． | | ．．．．．． |
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