In April 21, 2011, a woman in Zhejiang by QQ Consulting: my friend Zhang Sanping (a pseudonym) will own the purchase of new vehicles to have driving license is engaged in the transport of friend Li Yuping (a pseudonym). Zhang Sanping did not think of, but Li Yuping let Wang Yu (a pseudonym) drive as he pulled goods, road traffic accidents, traffic police department as Wang Yufu the full responsibility of the accident. At this time, Li Yuping to the Zhang Sanping verbal commitments, given your car just bought two months, if not repair the new good again, I am willing to compensate a same brand new car, Zhang Sanping has promised to quietly recorded sound. But Li Yuping not damaged vehicles sent to the designated repair shop repair, the car repair shop repair after the repair has not issued the certificate and repair project list. Zhang Sanping found that the frame was replaced, but the original number; the sound of the engine is not normal. Li Yuping police mediation, to the insurance company paid for repairs, and directly allocated to the repair shop. Excuse me: Zhang Sanping put the vehicle to others contract what kind of relationship? To borrow the car for vehicle damage should bear what kind of responsibility? Can Zhang Sanping asked Li Yuping for vehicle depreciation costs? Replace the frame and altering the number is illegal?

   Answer: first, Zhang Sanping and Li Yuping constitute borrowing contract borrow cars. The so-called "borrowing contract", is that people will borrow a certain items free of charge to the borrower, the borrower after using a contract between the items will be returned to the lender formed. It is characterized by free, mutual aid, return. Such borrowing contract relationship between the friends and acquaintances. It belongs to the practice of contract, as long as the goods after actual use, between the lender and the borrower is formed by the relationship between rights and obligations, effective borrowing contracts since the lender will borrow items provided to the borrower after. It can be seen, Zhang Sanping and Li Yuping constitute the borrowing contract relationship, Li Yuping later on compensation for the new recording commitment, so that the original loan contract has increased the new content, is a kind of autonomy behavior, shall have the force of law.

   Second, the borrower because of improper use damage is borrowed, or unauthorized use of borrowed or lent to others, unauthorized modification is borrowed, and causes losses to the lender, it shall bear the liability for compensation. The Supreme People's court in 1989 issued "on the implementation of" general principles of civil law "suggestions" 126th article: "borrow kind, lenders demand restitution or the same amount, quality kind, should be supported; if it does not return in kind, can be in accordance with the appropriate return or higher than the market retail price discount payment". Rule 127th: "the borrower for the management, use caused by bad loan object is damaged, the borrower shall be liable for compensation; borrowed its flawed, can reduce the liability of the borrower". Thus it can be seen, this reflects the countries attached great importance to the spirit of the legislation to protect the interests of the people to lend.

   Third, according to the provisions of the Supreme People's court, experts generally agree that, due to improper use damage to borrowers who borrowed borrowers who should bear the responsibility of the same number and return equal quality material; if it does not return in kind, or higher than appropriate liability shall bear in accordance with market retail price discount payment return time. The borrower who borrowed lent to others, the lender has the right to require the borrower or borrower restitution, and have the right to require the borrower the subtenancy is gift apology. For the borrower to alter, transform is borrowed, the lender has the right to demand restitution, apology, compensation for damages, restitution.

   Fourth, borrow borrow material damage caused by a responsibility. Some experts think that, in a series of borrowing damage compensation, if the borrower, then the borrower without the original lender agrees to lend to others is borrowed, borrowed directly caused the damage, damage is borrowed to take person shall bear the liability of compensation to the original lender, and its use by people, which should be take joint and several liability. Lenders can also to borrow again, all borrower claim compensation, but also to any one person or several people claim compensation.

   Fifth, motor vehicle damage can make claims to insurance companies. In the case of Zhang Sanping will be lent to the Li Yuping Li Yuping vehicle, also let Wang Yu drive the accident, causing the vehicle damage, but Zhang Sanping has been the car insurance, should first claim to the insurance company, after going to the Li Yuping compensation. We think, borrow to lenders insured caused by the borrower fault was damaged, the difference in the lender can be borrowed actual loss and insurance claim amount, compensation to the borrower claims, and to argue against the cost of borrowing. In this way, not only can better reflect the fair, balanced between the lender and the borrower's interest, to avoid damage caused by borrowed the unfair phenomenon lenders extra profit.

   Sixth, motor vehicle repair operator shall issue the "motor vehicle repair factory completion certificate". The people's Republic of China Ministry of transportation order No. seventh of 2005 released "motor vehicle repair management regulations" thirty-third article: "motor vehicle repair completion quality inspection, repair quality inspection personnel shall issue the" motor vehicle repair factory completion certificate "; fails to issue the motor vehicle repair factory completion of motor vehicle certificate, shall not be delivered for use, the owner can refused to pay or pick up the car." "Motor vehicle repair factory completion certificate shall be uniformly printed by the road transport management institution at the provincial level and number, transportation management agencies in accordance with the provisions of the issuance and administration of county road." In the case of Zhang Sanping without the uniformly printed by the road transport management institution at the provincial level and the number of "certificate", in accordance with the above provisions do not receive the vehicle.

   Seventh, motor vehicle maintenance and repair operator alters the frame number belongs to illegal behavior. "Regulations of the people's Republic of China Road Traffic Safety Law" sixteenth: "no unit or individual shall have the following acts: (two) change the motor vehicle type, engine number, chassis number or vehicle identification number." In this case the actual replacement of the frame, but the number is still the original number, it belongs to "alter" behavior, in violation of the "road traffic safety law".

   "The implementation of the people's Republic of China Road Traffic Safety Law" article fifth " registered motor vehicle in any of the following circumstances, the owner of the vehicle shall apply to the traffic management departments of public security organs of the motor vehicle registration for the change of registration: (three) the replacement of the body or frame". "Motor vehicle registration regulations of the people's Republic of China" the twenty-sixth stipulation: "the registered motor vehicle, one of the following circumstances, should apply for registration of change: (five) was damaged beyond repair need to replace the same body or frame". Article twenty-seventh stipulates: "the management of vehicles for change of registration of the following matters are: (six) the replacement vehicle registration or body, frame, vehicle identification number, registration after the replacement of body color, and that is responsible for the replacement of the manufacturer; (seven) the engine, body and chassis origin certificate name, serial number." Article eighty-second (eleven) stipulates: "the vehicle origin certificate refers to: the replacement of engine, body, chassis origin certificate, is the sale of units issued invoices or repair the unit invoice." Zhang Sanping should please Li Yuping according to these Provisions, to find out whether the same type of replacement of the frame, to handle the relevant formalities for registration alteration, such as an illegal act shall bear the corresponding liability.

   Eighth, Zhang Sanping can also claim for repair caused by "vehicle depreciation costs". The so-called "vehicle depreciation costs", refers to the vehicle by collision or repair, that part of the cost of its own economic value will decrease. Nowadays, auto updates faster and faster, a new car after repair especially major repair, even if its performance unchanged, but will lead to lower its economic value, therefore, the vehicle depreciation costs relative to the vehicle, should be a direct economic loss, damage owner for vehicle depreciation costs, there is its rationality. "General principles of civil law" 106th paragraph second: "citizens, legal persons because of their fault encroach upon state, collective property, infringement of property, person, shall bear civil liability". Rule 117th: "damage to property, shall be recovered or pay compensation at the market price, if the victim suffers other serious losses, the infringer shall compensate for the losses." According to the"Tort liability law" article15The provisions of the tort liability, the way of restitution and compensation for losses, and clearly show that the above methods of assuming tort liability, be used separately, can also be applied in combination.The fair principle of civil law in tort law, including fair liability principle, the principle of full compensation, profit and loss balance principle. The principle of complete compensation refers to the amount of compensation for the offender should be in conformity with the loss of the victim. Thus it can be seen, impaired drivers for vehicle depreciation costs, is the legal basis. "Vehicle depreciation costs", can be determined according to the appraisal department issued "price appraisal conclusion book" and the use of the vehicle life, damage etc..

   Ninth, two cases of online reports claim "vehicle depreciation fee" for the reference. In 2007, the concern of the Bora Benz case, Mercedes Benz car without before the collision, the theoretical price is 990000 yuan, after repair theory for the price of 798000 yuan, down 192000 yuan, Mercedes owners will Bora and insurance company to court, and in a conventional compensation project, new vehicle depreciation costs this project. The court concluded that, Mercedes Benz car repair, although in the shape of restored, but the replacement parts in function is always less than the original accessories, vehicle and for the repair and depreciation of 192000 yuan, the damaged car owners should obtain the cost compensation, but the fee is not within the scope of insurance claims, court judgment shall be borne by the bora. This case is noteworthy, the court recognized the "vehicle depreciation costs", should obtain the expense claims, and judgment shall be borne by the bora.

   In 2008 February, driving a car Xiali car beam a carelessly into reverse lane, and Liu driving Weile head-on collision. The police found a negative full responsibility for the accident, after the two sides cannot reach an agreement for compensation, Liu will beam a court, and "vehicle depreciation costs" claims. The claim that a complicated problem. Liu believes that his claim be perfectly logical and reasonable, because his car was unprovoked, even if is repaired, will cause the vehicle value devaluation. After the second-hand car appraisal, evaluation, Liu this vehicle depreciation charges 10700 yuan. And let the parties to Liang Mou is unexpected, the court supported the Liu's lawsuit, make him additional damages the "vehicle depreciation costs". Visible, "not only the law claims vehicle depreciation costs", is also It is often seen. in actual operation.            (blogger Advisory mobile phone 18321864965)