In the traffic accident loss of vehicle depreciation should be compensation

Henan Lin Ge lawyer  Zhu Panfeng

With the economic prosperity of the surface, vehicle saturation rate is getting higher and higher, and China people to keep up with the Joneses make car share rising, such as BMW, Mercedes Benz, Porsche senior car mostly needs to increase to buy, the tight degree. And with the increase of vehicles, we are not willing to see the number of traffic accidents will follow, including some of the senior car. Of course, in the traffic accident damaged vehicles is normal, then, is to explore the issue is, in dealing with the traffic accident, the vehicle depreciation costs whether there should be compensation?

Through research, combined with the agent for traffic accident cases of experience, think, vehicle depreciation costs should be supported by the law. The main reasons are as follows:

1, the accident car depreciation refers to the vehicle after the accident, a series of numerical original design changes, although after a professional repair, appearance to meet the visual effect, but after the accident, the service life of the vehicle, safety, comfort, driving performance in all aspects of control, or will be lower, the the performance can not be restored to pre state, the vehicle's safety coefficient and economic value from which will reduce. This is an objective fact.
    2, civil tort compensation to compensate all the loss principle. The damaged vehicles due to traffic accident damage, although it has been repaired, but the safety of vehicles, reduce vehicle driving performance, its value has the actual meaning of the depreciation in the accident, to the plaintiff causing loss is the objective existence of the facts. But, in the automobile trade, under the same conditions, had a traffic accident vehicle, apparently without accident vehicles to low value ratio.The difference between the value should be the direct loss of vehicleThe loss, should belong to the category of civil law, the victim's rights should be protected, the victim requests the defendant compensation "vehicle depreciation costs" request should be supported by law.

    3,That loss of vehicle depreciation of legal and judicial interpretation. According to the "general rules of the civil law" 117th article second, paragraph 3, "tort liability act" of sixth, 19, 48, "motor vehicle traffic accident liability compulsory insurance clause" tenth to third and the Zhengzhou City Intermediate People's court in France [2010] Zheng notice 120 of fifteen stipulates: "the traffic accident causing the loss of property others, the infringer shall assume the liability of compensation. Property losses include property damage, repair costs, loss of vehicles, vehicle depreciation, repair during the outage loss". The vehicle repair costs and depreciation costs shall compensate. At the same time, the Supreme People's Court of traffic accident cases of judicial interpretation of the draft, also support the author's point of view.

4, "motor vehicle traffic accident liability compulsory insurance clause" Tenth third clearly defined,"The insured motor vehicle traffic accidents, due to a change in business, causing the victim stopped, electricity, water, gas, production, communication or network outages, data loss, voltage loss and the property changes due to market prices caused by depreciation, repairs after the value of the loss and other indirect loss, so""For an accident vehicle repair after the value loss" belongs to the indirect losses, shall be liable for.

Of course, in favor of vehicle depreciation time, should have the corresponding evidence, this is one of the burden of proof, in this, the author suggests that the loss, to have the identification of qualification bodies make compliance program and objective appraisal conclusion.