"The Supreme People's Court on the road traffic accident damage compensation case applicable legal issues release" Fifteenth third
"Engaged in the business of freight transport, passenger transport and other activities in accordance with the vehicle, due to reasonable outage cannot be engaged in relevant business activities generated by the loss of" three cars on the highway freight vehicle pileup occurs, serious losses, how the vehicle outage cost calculation in Beijing City Lun Wende lawyers analysis of traffic accidents in Ji'nan:
The concept, operating vehicle outage loss Vehicle outage loss cost, refers to the operation of the vehicle vehicle in the road traffic accident damage, loss of vehicles during the repair, the victim unable to conduct normal business and the carriage of goods or passengers caused reduction in income, or outage losses, by the person responsible for the accident on the loss compensation. Two, the outage loss regulations Released in 1999, the Supreme People's court "about the road traffic accident damage to property if included provisions approved" loss of vehicle outage losses problem: in the cases of traffic accident damages, if the vehicle was damaged in the carriage of goods or passengers for transport business activities, claims to repair damaged vehicles during the outage loss, traffic accidents should be responsible for compensation. Three, the outage loss calculation The production and business operation loss, general according to the actual income of the normal production and business operation circumstances the average real income and stop production, closure during the calculation.The actual income shall be the normal business income deduction can be turned into the balance after the deduction of tax, not. Cost is determined by a constant cost composition and.Fixed costs include taxes, insurance, transportation management fees, passenger and freight transport surtax, industrial and commercial management fees; variable costs, fuel costs, including drivers pay the toll fee etc..That is to say: the daily net income = daily turnover - daily fixed cost and variable cost per day.Outage led directly to the daily turnover and daily into the return to zero, but the same pay daily turnover in the original cost will pay, so the calculation of outage losses, fixed cost should be taken into account. The formula for the calculation of daily outage losses: Daily outage losses = daily average net income + daily fixed cost Four, the case for example A court order price Certification Center, a taxi and a van accident.The taxi from March 1, 2009 to March 5, 2009 outage, requirements identified the taxi outage losses, the client provides the driving license, insurance, fees and other supporting material. According to the client provides proof materials and market survey, the daily turnover of fixed cost includes: 1, insurance Road passenger transport carrier insurance 325 yuan / year Motor vehicle accident liability compulsory insurance 1800 yuan / year The motor vehicle insurance 5230 yuan / year 2, charges 3000 yuan / year
3, the traffic bureau three times a year two maintenance 120 yuan / times * 3 =360 yuan 4, vehicle annual 300 yuan / year 5, transport during the Spring Festival maintain 120 yuan / year 6, operating permit annual 100 yuan / year 7, the meter annual 100 yuan / year The daily fixed cost =11335 yuan, =31 yuan 365 days Due to traffic accidents caused by vehicles outage, if not stopped, after investigation and taxi daily averaged net income of 120 yuan, after the outage, not only daily not to 120 yuan, but out of their own pockets to pay daily fee of 31, so the outage in the taxi daily loss of 151 yuan. Identification of outage loss price = (120 yuan +31 yuan =755 yuan x 5 days)