Road traffic accident vehicle depreciation loss can get compensation

Author  Jiao Jian  Telephone.13520926801

    With the increase of the number of vehicles is also grow with each passing day, the number of road traffic accidents, damage to the vehicle in general by the insurance company for compensation, parties pay transportation fee, telephone fee and other small expenditure cost. Many people ignore the vehicles caused by traffic accident depreciation, the loss in the invisible to their own interests, as a legal worker from the angle of judicial practice to talk about road traffic accident vehicle depreciation loss formation, should get compensation and damages the legal basis of problems.

The formation of 1, road traffic accidents caused by loss of vehicle depreciation

   Because of the traffic accidents caused by the damage can be repaired, but caused a traffic accident vehicle collision, rollover, fall, fire damage, recessive loss mainly part of the vehicle frame, power and braking system which is difficult to repair, the recessive loss increase, fatigue strength of parts of the machine life, reduce overall vehicle force layout change etc.. These will make the service life of the vehicle, safety, comfort, driving performance is reduced, and the automobile trading market for the traffic accident vehicle, apparently valuation than the original non accident vehicles to low, loss is the objective existence.

2, whether to get compensation

   Before discussing whether to get compensation, look at a case I do.

   In August 29, 2007, open the main Road Kowloon Villa opposite in Beijing, three two car pileup accident, the Daxing District traffic department survey the scene of the accident, produce traffic accident responsibility confirmation that, after the car full responsibility. In the accident of three cars were kept degree of damage, including a mulberry station is located in the middle of the 3000 cars and more serious damage, insurance companies charge 9000 yuan. After the insurance company to assume the repair costs. Because of Santana 3000 buy just one year, the condition is new and has never had any accident, the owners that the owners of the responsibility to compensate depreciation loss, accident liability owners that the devaluation loss does not exist without the compensation liability. The consultations fail, mulberry 3000 owners not to prosecute to the court.

The case by the Beijing Daxing District people's court the defendant to the plaintiff (the party) (sang 3000 owners) compensation RMB7000 yuan. After the defendant did not appeal and paid 7000 yuan in damages.

   Thus, loss of vehicle depreciation should be compensation.

3, the legal basis

   Our current law has no provision on the vehicle devaluation loss, but this can not be the responsible party shall not compensate. According to civil law, since there should be compensation for losses. On the basis of the civil procedure law, the court shall accept such cases.

Postscript

   The author thinks that the Daxing District people's court sentenced the justice, the right. In this paper the author reminds car owners to pay attention to the protection of their legitimate rights and interests.