The traffic accident vehicle depreciation costs to advocate
 
  Counsel:
   Traffic accident damaged vehicles, often can cause the vehicle depreciation, in judicial practice, the vehicle support the depreciation charge is usually have the following conditions: first, damaged vehicles after assessment of second-hand car consulting company; two, damaged vehicles after the repair, in the market has been the normal trading success, which has produced the actual loss.  

   BMW's new car accident was damaged, causing property damage compensation dispute with special, BMW owners Miss Xu not only ask for compensation for owners of huge repairs, also claim compensation for loss of vehicle depreciation costs. Recently, Pudong New Area court verdict on the case, Mr. Chen should compensate Miss Xu vehicle repair fees losses more than 51.6 yuan 70%, namely 36.2 yuan; and compensation for loss of vehicle depreciation costs 250000 yuan BMW.
June 24, 2008 afternoon, Miss Xu spent nearly one million yuan just buy 8 days of a BMW 2996CC car, by Mr. Zheng driving to a crossroads, Luchaogang town from north to South Road, as Mr. Chen driving a bus traveling from west to east to the junction, two vehicle collision, causing serious BMW car damage.
After the incident, the traffic police department to accident on both sides of the intersection signal statement is not a scene, and no other witnesses, unable to verify the facts by accident, made "accident responsibility not found" conclusion. In December the same year, after the restoration of the BMW car by the Shanghai second-hand car consulting company evaluation, the value of 516000 yuan. Soon, Miss Xu to 510000 yuan will be BMW car transfer to others, and for the transfer of registration of motor vehicles. In 2009 January, Miss Xu appeal to the court.
In court, Miss Xu said, the accident is a witness, can prove the other red light running facts, the accident was due to Mr. Chen's cause, take full responsibility for its response to have been caused by vehicle repair costs, loss of vehicle depreciation, so ask Mr. Chen compensation vehicle repair costs 55 yuan vehicle depreciation, loss of more than 46 yuan.
Mr. Chen said, although the Miss Xu said the traffic accident happened without objection, but the accident is not because of his red, but precisely because of the vehicle driver Miss Xu Zheng red light induced; temporary mobile license and Miss Xu vehicle invalid license plate, this car is not on the road the qualification; that loss of vehicle depreciation belongs to the indirect loss, should not be included in the scope of compensation, it did not agree with Miss Xu's appeal.
The court held that, the traffic accident, although the relevant departments of the responsibility of the accident can not be identified, but according to the two witnesses to testify in court, to confirm Mr. Chen red light traffic violation is the cause of the accident, the Miss Xu reasonable losses shall bear the responsibility for compensation. However, Miss Xu temporary vehicle license plate is invalid, the illegal behavior does not exist inevitable causal relation between it and the accident, but it also should assume corresponding responsibility, so rational economic losses to the Miss Xu, first suggested by Mr. Chen bear the liability of compensation in insurance liability limits, the exceeding part according to the degree of fault again, the liability for compensation by Mr. Chen take 70% share. At the same time, we miss Xu will be damaged vehicles sold by valuation, depreciation loss has been produced, which accordingly advocate devaluation loss based on the facts, should be discretionary support.
   (comment) loss of vehicle depreciation is generally refers to the vehicle accident damage, after the repair performance has been restored, but its value will be reduced because of the accident, the accident forming cause and value to reduce the loss of vehicle. In the automobile market, the accident vehicle valuation obviously lower than non accident vehicle. In law, the difference in value should be the direct loss of the vehicle, the vehicle owner's rights and interests should be protected. In this case, Miss Xu by the repair damaged vehicles, vehicle in appearance can achieve "restitution" effect, but can not completely restore to the original state before the accident, and vehicle depreciation after assessment has been sold, the loss has been produced, so Mr. Chen should compensate Miss Xu corresponding vehicle depreciation loss fees.