The case
     In January 8, 2008, Zhang driving trucks and Zhu driving train collision in Shenzhen Nanshan a section of highway, the Traffic Police Department identified responsible zhang. Zhang driving trucks is a metal products Co. Ltd. all, certain insurance company Shenzhen branch company contracted to motor vehicle traffic accident liability insurance and compulsory insurance for the vehicle. The plaintiff Zhu sued to the court, the request: 1, Zhang, a metal products Co. Ltd. all, certain insurance company Shenzhen branch joint compensation the plaintiff traffic accident vehicle losses 12808 yuan; 2, compensation for repair led to operating losses 10400 yuan compensation plaintiff; 3, because the outage caused damages of RMB 13000 element.

    The defendant said agreed to compensation for direct losses, do not agree with the indirect loss. Court of the first instance verdict, the defendant 1 a metal products Co. Ltd. to compensate the plaintiff 12808 yuan compensation for loss of vehicles; car in operation due to a loss of 10400 yuan, the defendant a insurance company Shenzhen branch, to pay 2000 yuan; other claims rejected the plaintiff.

Comment on:
      This dispute is the focus of the operating losses and cause outage cause damages should the issue of compensation. As the plaintiff's attorney, we provide the operation of the vehicle operation certificate and the plaintiff and the "rental contract", pay breach of contract damages evidence. According to the general principles of the civil law the 117th regulation, the victims suffer other serious losses, the infringer shall compensate for the losses. Therefore, the defendant shall bear the plaintiff for traffic accident causes operating losses and damages for breach of contract. The court thinks, the vehicle as the vehicle operation, due to traffic accident repair 13 days, unable to normal operation, resulting in operating losses, according to the agreement about the rent plaintiff signed the "rental contract", the plaintiff's operating loss of 10400 yuan, the loss, the defendant shall be paid in accordance with the law. Liquidated damages for loss, in the opinion of this court, the plaintiff knew "rental contract" in the agreed liquidated damages, but after the traffic accident fails to take remedial measures to prevent the losses, caused damages occur, the inevitable loss of the penalty is not in this case because of traffic accident, the court shall not support.

     Defendant Zhang driving vehicle is appointed by the defendant of a metal products Co., an act of duty, so the defendant Zhang does not bear the responsibility for compensation.

The law

"General principles of civil law"

Article 117th by the state, the collective property or the property of another, shall return the property, not the return of property, it shall pay compensation at the market price.
Damage to the state, collective property or the property of another, should be restitution or compensation for discount.
If the victim suffers other serious losses, the infringer and shall compensate for the losses.

"The people's Republic of China Road Traffic Safety Law"

Seventy-sixth where a motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:
(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.
(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce liability light motor vehicle party according to the degree of fault; the motor vehicle shall not fault, shall bear the liability for compensation of not more than ten percent.
The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation.