More insider exposure!, Damaged 3 guardrails and claimed compensation exceeding 15000 yuan, netizen | compensation | guardrail
Recently, a man in Yuncheng, Shanxi Province, was ordered to pay more than 15000 yuan for damaging three guardrails. Some netizens commented that it was "too expensive" and questioned whether the compensation price was artificially high.
The compensation details show that the 10 meter guardrail at Section 3 of Yuncheng Xueyuan Road was damaged by a Shaanxi license plate owner, and the compensation amount is 15601 yuan, which was later reduced to 9000 yuan. Jimu News reporter learned that after consultation between both parties, the car owner will ultimately purchase materials for repair, restore the damaged guardrail to its original state, and the maintenance party will refund the cost.
However, after this incident sparked public opinion attention, some netizens also called for "sky high prices" to cut off chives with guardrails. In this regard, the person in charge of the maintenance party does not believe that their quotation is "sky high", and the high quotation is to cope with the bargaining of the compensation party.
The local guardrail manufacturer in Yuncheng believes that the standards for guardrails in the urban area of Yuncheng are different, and the compensation standards are not the same. The compensation of 15601 yuan for three damaged guardrails is not considered a "sky high" price, but there are indeed some inflated prices.
In the interview, a person familiar with the matter said that the claim for damaging the guardrail of the above maintenance party had exceeded 35000 yuan, and the settlement was reached in front of the court and 23000 yuan was paid. However, he still has doubts about the damage data and standards identified by the maintenance party, such as the need to compensate for the entire guardrail when the guardrail screws were misaligned, which is too unreasonable. He hopes to introduce industry standards.
Compensation Details
Car owner: Damaged 3 guardrails and claimed compensation of 15601 yuan
On the afternoon of the 14th, Mr. Che Zhongli provided a detailed list to Jimu News reporters, which showed that three damaged guardrail panels cost 9000 yuan, three damaged pillars cost 1200 yuan, and three damaged bases cost 1701 yuan; The labor cost is 1200 yuan, the shipping cost is 1000 yuan, and the company's service machinery cost is 1500 yuan, totaling 15601 yuan. The claimant is Shanxi Enleibao Construction Engineering Co., Ltd.
Mr. Zhang claimed that on July 4th, he was on a business trip in Yuncheng and driving on Xueyuan Road. He accidentally damaged the guardrail in the middle of the road and the tire exploded. After the traffic police determined the accident, Enleibao Company issued him with the above-mentioned compensation details. He said that his car only has compulsory insurance and no commercial insurance, so most of the compensation can only be paid by himself.
Mr. Zhang believes that the compensation quote of 15601 yuan is too high and there is no compensation standard or basis. Among them, the guardrail board is too expensive at 900 yuan per meter, and he has consulted local guardrail manufacturers and found that the factory price per meter is around 300 yuan. "There is also a situation of artificially high labor costs, shipping costs, and company service machinery costs," he said
Damaged guardrail
Mr. Zhang stated that after negotiating with Enleibao Company after the incident, the compensation cost was reduced to 9000 yuan. "We first compensated the other party with 4000 yuan, and then issued an IOU for another 5000 yuan." The reporter noticed that although the compensation amount was reduced to 9000 yuan through negotiation, this result still did not dispel the doubts of netizens.
Mr. Zhang stated that on the 14th, the latest negotiation between Enleibao Company and him was that he would purchase materials such as guardrails for self repair. Enleibao Company has refunded the 4000 yuan collected and will send him the IOU later. On that day, he had consulted a guardrail manufacturer in Yuncheng and was preparing to purchase guardrail materials on his own to replace the damaged guardrails. "After consultation, purchasing three guardrail panels from the manufacturer would cost approximately 2800 yuan."
On the afternoon of the 15th, Ms. Wang, a staff member of the above-mentioned guardrail manufacturer, told reporters that Mr. Zhang inquired about the cost of purchasing guardrail materials from the factory on the 14th, but has not yet placed an order. "Let's wait for his call before delivering the goods."
Maintenance party: The high quotation is in response to the compensation party's bargaining
On the afternoon of the 15th, Mr. Guo, the person in charge of Enleibao Company, told Jimu News reporters that the initial compensation quote he provided to Mr. Zhang was indeed 15601 yuan, and after negotiation, it was discounted to 9000 yuan. In the end, the other party agreed to repair it on their own, so they refunded 4000 yuan. After it was completely repaired, they refunded 5000 yuan in IOUs.
Mr. Guo told reporters that the base of the damaged Xueyuan Road guardrail can still be used, and only the guardrail board and guardrail columns need to be replaced. However, Mr. Zhang has not yet delivered the materials he purchased himself.
Guardrails in the urban area of Yuncheng
What material is the damaged guardrail and how expensive is it? Regarding the doubts raised by netizens, Mr. Guo stated that the guardrail he manages has functionality and rarity.
He explained that the damaged guardrail was made of galvanized material and the base was made of over 100 pounds of cast iron. This type of guardrail placed in the middle of the road has the effect of reducing the impact force, reducing vehicle damage and human injury, and is a functional guardrail. Previously, no one else in the local area would have made such guardrails. Around 2019, Enleibao Company began to undertake this business and has been doing it ever since. And this business is the urban guardrail maintenance project undertaken by Enleibao Company from Yuncheng Taitong Municipal Engineering Co., Ltd., which is the contracting party of relevant departments.
According to a reporter's investigation, a "2022 Announcement on the Results of Road Maintenance Projects in the Central Urban Area of Yuncheng City" shows that Taitong Municipal Government is the procurement supplier for the Yuncheng Municipal Public Service Center, and the construction scope includes "guardrail replacement".
Regarding the claim that the quotation is artificially high, Mr. Guo stated that although the quotation is high, it can be negotiated. He told reporters that if a typical car owner damages a guardrail, as long as they purchase commercial insurance, the insurance will compensate them. If only compulsory traffic insurance is purchased, most of the costs need to be borne by the car owner themselves, and such car owners often bargain, so the company's initial quotation will be very high. In addition, car owners can also choose to repair the damaged guardrail themselves, restoring it to its original state. "However, most car owners will not repair it themselves because they either have commercial insurance or cannot purchase materials of the same regulations."
Insider: Compensation for the entire guardrail is required for the screw of the overturned guardrail
After this incident sparked public opinion attention, some netizens also called the "sky high price" fence cutting chives.
During the interview, an insider provided two additional compensation details issued by Enleibao Company to Jimu News reporters. One example is the replacement of 11 sections, maintenance of 3 sections, and other expenses including labor and freight, totaling 44168 yuan. Another example is to replace 8 sections, repair 4 sections, and include other costs such as labor and shipping, totaling 35401 yuan. Mr. Chen, the car owner of the latter, told reporters that he broke the guardrail in 2022 and did not have commercial insurance. It was not until February of this year that the issue was resolved. "I should have been compensated for the damage to the guardrail, but the maintenance party cannot provide any standards or basis. They unilaterally issued a 'sky high' compensation form, which is difficult to accept. We hope to introduce industry standards."
Other compensation cases
Mr. Chen still has doubts about the damage data and standards identified by the maintenance party. He recalled that he had damaged four guardrails at the time, and the other guardrails were only displaced, but it was ultimately determined that eight guardrails needed to be replaced and four guardrails needed to be repaired. The damaged guardrail and accessories are also not allowed to be taken away by the car owner. It is unknown whether they will be reused. "The maintenance party claims that the guardrail was hit, causing the screws to be crooked, so they need to compensate for the entire guardrail."
Mr. Chen said that later, the defender sued him to the court and mediated before the court. The two sides reached a settlement and finally paid 23000 yuan.
Mr. Guo did not directly respond to the reporter regarding the details of the two compensation cases mentioned above. He doesn't think his quote is a "sky high price". He said that whenever a car owner damages a guardrail and pays with commercial insurance, the insurance company will evaluate the quote. If there is no commercial insurance compensation, the car owner will keep bargaining, "I am a businessman, and I want to make some money."
Mr. Guo stated that he has not yet considered lowering the quotation standards and optimizing the compensation plan. If local relevant departments or industry associations and other official organizations guide the issuance of industry compensation standards, the company's quotation will have a basis. "How much is the value of local guardrails? Someone must be fair, otherwise some people will think that the company's quotation is a 'sky high price'."
Industry: Three guardrails claimed compensation of 15601 yuan, slightly inflated
The reporter noticed that some netizens posted that the controversy surrounding the incident was due to dissatisfaction and questioning of the inflated compensation amount for the guardrail, believing that the compensation should be reasonable and fair. On the other hand, it questioned the maintenance company's claim of the functionality and rarity of the guardrail. Behind the controversy, the public hopes that relevant departments will investigate and provide reasonable explanations.
The person in charge of the Facilities Department of the Traffic Police Brigade in Salt Lake District once stated that the property rights of the guardrail damaged by Mr. Zhang belong to the Urban Management Bureau of Yuncheng City. On the 14th, a staff member from the Municipal Public Works Department of Yuncheng City Urban Management Bureau told Jimu News reporters that if there are violations, discipline violations, and other issues of public concern such as guardrail maintenance and compensation quotes, relevant units, contracting companies, and maintenance companies will be investigated and dealt with in accordance with the law and regulations. But currently, we have not received any complaints about Mr. Zhang's claim for damages to the guardrail due to "sky high prices". For specific information, please consult the Yuncheng Municipal Public Service Center, a subordinate unit of the Municipal Urban Management Bureau. On the 14th and 15th, the reporter repeatedly dialed the number of the person in charge of the center maintenance department provided by the center office, which was an empty number.
Previously, the relevant person in charge of the Urban Management Bureau of Yuncheng City responded to the New Beijing News that the maintenance of the guardrails in the central urban area was contracted to a third-party company, and Enleibao Company was a specialized guardrail maintenance company under the contractor. The person in charge raised doubts about the high compensation price, stating that it was a mistake made by the maintenance company. The previous evaluation price was between 500 and 600 yuan per meter.
Ms. Wang, the aforementioned guardrail factory, stated that according to her understanding, the guardrail standards in the urban area of Yuncheng vary. For example, the guardrail pillars on Xueyuan Road in Yuncheng are 4mm thick, and the base is made of over 100 pounds of cast iron, which has a higher standard and relatively expensive compensation prices. Some sections of the city's guardrail base are made of cement, making the entire guardrail much cheaper.
Ms. Wang believes that the above evaluation price of 500 to 600 yuan per meter is relatively reasonable. The quotation received by Mr. Zhang cannot be considered a "sky high price", but there are indeed some inflated prices. If it is a cast iron base type guardrail, for lighter vehicle impacts, generally only the guardrail plate needs to be replaced, and the pillars and base can still be used. As for the guardrail panels, the cheaper ones in the local area only cost over 100 yuan per meter.
Previously, the relevant person in charge of the Urban Management Bureau of Yuncheng City stated that further investigation and verification would be conducted on this matter.
