Should the vehicle depreciation loss in the traffic accident be compensated?

The loss of vehicle depreciation refers to the damage to the traffic accident in the vehicle. Although the performance of the use of the vehicle has been restored after repair, it is difficult to recover to the previous state. That is, the loss formed by the decrease in the value of the vehicle due to the accident.

When a traffic accident occurs, it is damaged

Can the loss of their depreciation ask the other party to compensate?

Article 11 of the Supreme People's Court of Several Issues of the Application of Laws on the Cases of Damage of Road Traffic Accidents "stipulates that" the "property loss" stipulated in Article 76 of the Road Traffic Safety Law "refers to a motor vehicle The loss caused by the property rights and interests of the infringed person in the traffic accident. "Article 12 stipulates that:" If the following property losses are caused by road traffic accidents, the parties ask for compensation for the infringer, and the people's court shall support: (1) Repair is repaired. The cost of damage to the vehicle, the loss of the items contained in the vehicle, and the rescue cost of the vehicle; Vehicles engaged in business activities such as cargo transportation, passenger transportation, and passenger transportation are unable to engage in reasonable shutdown losses caused by corresponding business activities; cost."

Therefore, the losses listed above do not include the depreciation loss of the vehicle. The Supreme People's Court's "Suggestions on the Declaration of the Dechat Declanquerism of the Traffic Accident" responded like this:

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"Our hospital drafted the" Interpretation of the Judicial Interpretation of Road Traffic Damage Compensation Compensation ", and the issue of whether the" depreciation loss "of motor vehicles should be compensated should be the most intense. Therefore, as long as there are losses, compensation should be obtained, but the judicial interpretation has not stipulated the compensation of "depreciation loss" of motor vehicles in the end.

The main reason is that we believe that the introduction of any laws and regulations and judicial interpretations must be considered at the time of the social and economic development. At present, we do not have the objective conditions for fully supporting depreciation losses:

(1) Although theoretically many views that the depreciation loss is compensated, there are still more controversy, such as whether the components have changed the old and new to the problem of premiums, which causes the problem of increasing profit or loss.

(2) The compensation of the depreciation loss must take into account the actual situation of the road traffic of a country. In my country with a high accident rate and people's awareness of road traffic safety, compensation and loss of compensation will increase the burden of road traffic participants, which is not conducive to socio -economic development;

(3) The current appraisal market in my country is not standardized, and the appraisal agency is driven by the purpose of profit -seeking, and has a greater arbitrary identification of depreciation loss. Due to the unscientific determination of the amount of depreciation losses, the case may be substantially unfair, which may increase the burden of the infringer;

(4) Objectively speaking, the depreciation loss will exist almost on the motor vehicle where each accident occurs. It is stipulated that the depreciation loss may cause a large number of traffic accident cases that have not been complained to the court, which is not conducive to reducing disputes.

Based on the above considerations, at present, we are cautious about the compensation of this loss and tend to do not support in principle. Of course, in a few special and extreme situations, appropriate compensation can also be considered, but it must be carefully considered and strictly grasped. We will continue to pay close attention to the development dynamics of the compensation of motor vehicles in the theoretical and trial practice, and strengthen the investigation and research. In the future, if the objective conditions of society are allowed, we will also make adjustments appropriately. "

First, for the vehicle to be sold or used for the trading destination vehicle, the damage to the trading destination will be damaged and depreciated in the traffic accident, and the victim has the right to file a compensation request.

1. Traffic accidents occurred during the logistics transportation of the vehicle for sale, causing the vehicle to depreciate and suffered losses. The victim has the right to claim the vehicle depreciation loss.

Heilongjiang Provincial Higher People's Court held in the 300 civil judgment of Heimin 300: "The case involved in the vehicle is a new commodity car transported by the logistics company for sale. However, the vehicle's anti -twist intensity, beauty, and integrity have declined, and it is difficult for the vehicle to return to the performance requirements before the accident. In the motor vehicle trading market, vehicles that have occurred in traffic accidents are obviously better than unbeatable than unparalleled than not. The price of a new car that occurs in the accident is low. This value loss is the direct loss of the vehicle involved in the case, which constitutes the loss of the value of the vehicle involved in the case, that is, the depreciation loss of the vehicle involved in the case. The loss of depreciation is reasonable. With reference to Article 26 of the China Insurance Industry Association's Motor Vehicle Demonstration of Commercial Insurance, the depreciation loss of the vehicle involved in the case shall be liable for compensation by Dongjian Company. "

2. If the vehicle damaged by a traffic accident is not to be sold or used for a transaction destination vehicle, and it does not affect normal use after maintenance, it will not be supported by the depreciation of the vehicle claimed by the victim.

The Anhui Provincial Higher People's Court claimed that in the (2021) Amin 934 civil ruling, "The vehicle involved in the case has been manufactured by the flowmeter (Jiangsu) Co., Ltd. as a transportation, not the" to be sold to the vehicle to be sold. "Or" used for transaction purposes "vehicles, and the vehicle does not affect normal use after repair.

Second, the following factors must be considered for the compensation of the vehicle depreciation of the vehicle in the traffic accident: (1) In the division of responsibility: the degree of responsibility for the compensation party is low;

(2) In the damaged site: the key components should be damaged, which is enough to affect the value of the vehicle;

(3) In the claim procedure: the appraisal conclusion of a professional appraisal agency shall determine the relevant depreciation amount;

(4) At the age of the car: the vehicle for the new car or the road within 1-2 years.

1. When a traffic accident occurs in the vehicle, if the damaged vehicle has a short purchase time and the mileage is less, the identification conclusion believes that the damage of the vehicle structure will shorten the life of the vehicle, and the vehicle depreciation loss claimed by the victim can be supported as appropriate.

The Beijing Higher People's Court claimed that in the (2021) Jingminshen 6719 Civil Rail Civil Ruling: "If the traffic accident causes the vehicle to damage the vehicle, in principle, the depreciation loss should not be supported, but in this case, Chen Nailing's vehicle is a new car with a short purchase time. , Less mileage, and according to the conclusions issued by the appraisal agency, the structural damage caused the vehicle's life to shorten the life, and there was a hidden safety hazard on the road. "

2. After the vehicle is damaged, it is difficult to fully restore the quality and performance before the accident, and it cannot meet the standards at the factory, and the victim has no fault. Therefore, the victim should get compensation.

The Shaanxi Provincial Higher People's Court claimed that in the Civil Rail Civil Ruling No. 00322, (2015) Shaanmin Yingzhong,: "After the accident of Yang Wenjun's vehicle accident, the maintenance fee is a direct economic loss. The overall safety performance and value of the vehicle cannot be restored before the accident, and the actual value of the vehicle is significantly reduced. The court of first instance supports the provisions of Article 117 of the Civil Law. The second instance maintains the spirit of the law. "

In the suburbs of Sanya City, Hainan Province, in the (2019) Qiong 0271 Minchu No. 1243 Civil Judgment: "The issue of compensation for vehicles is the core issue of this case. The multi -purpose passenger car is used for new cars only about 6 months. Although it has been repaired, the car repair cost after the accident collision. Quality and performance cannot meet the standards when leaving the factory. The safety and driving performance of the vehicle are reduced, and the loss caused by it is an objective fact. In the accident, the plaintiff Han 1 has no responsibility. The defendant South China Optoelectronics Company should compensate the vehicle depreciation fee of the plaintiff Han 1. "

3. Professional organization evaluation has been conducted on the depreciation of the vehicle.

The Beijing Higher People's Court claimed in the Civil Rail Civil Ruling No. 03252 of Gaomin Shenzi (2014): "According to the road traffic accidents issued by the traffic management department, it can be confirmed that the motor vehicle drove by the goldenao driver Tao Wuquan and Lu Shaoqing driving Litian Company There was a traffic accident in the vehicle. Litian's vehicles were damaged in the accident, and the Tao Wu was full of responsibility. Lu Shaoqing had no responsibility. Opinions hold objections, but the appraisal opinion itself is evaluated by a professional appraisal personnel by professional appraisal personnel. Jinao Company did not submit evidence to overthrow the appraisal opinion. There is no improper loss of vehicles of Litian Company. According to the purchase of the vehicle of Litian Company in the first and second instance, the court of the first and second instance determined that Jin'ao Company paid Litian's vehicle depreciation loss of 20,000 yuan as appropriate, and bears it. The corresponding appraisal fee does not violate the law. "

Source: Home of Legal Affairs

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