10/17/2008
The vehicle is hit whether to sue for damages “the vehicles depreciation expense”
The vehicle is hit may sue for damages “the vehicles depreciation expense”?Attorney thought that after “the vehicles depreciation expense” claim reasonable legitimate the vehicle has hit, as the second-hand vehicle sells when the price will sell at a discount, also creates the vehicles depreciation. If your vehicle is hit, you will sue for damages “the vehicles depreciation expense” to opposite party? Because recently, the traffic accident caused “the vehicles depreciation expense” the claim lawsuit to judge in Tianjin that cause troubles Fang Xu to compensate this expense. This matter in industry in arouses the widespread interest, this means that when has traffic accident which two Che Huoduo the vehicle bumps into, the disputing party is authorized the seek redress “the vehicles depreciation expense”, but such one kind of additional compensation behavior, will have the major impact on the vehicle owner present with the vehicle life. the event playbacks the vehicle owner to succeed the claim “the vehicles depreciation expense” in February, Tianjin. Opens Xia an Liche Liang Mou to sail to the reversion traffic lane carelessly, with a Liu driving prestige happy head-on collision. The traffic police department carries on the reconnaissance after the accident, recognized that Liang Mou exceeds the speed limit and drives goes against the flow said that must take the accident full liability. Because both sides are unable on the compensation question to achieve consistently, Liu then considers Liang Mou the court. is original, this is an ordinary traffic accident. A side takes full responsibility, takes by its insurance's Insurance company manages compensates the side, carries on the compensation to the related medical service and the maintenance cost. But Liu besides the seek redress medical service, the vehicles maintenance cost, tows expenses and so on fare, but also sets one kind of new reclamation, namely “vehicles depreciation expense”. This reclamation makes the question to be all of a sudden complex. Liu thought that his this lawsuit requests fairly, because his new car is hit for no reason, even if has fixed, the fitting is impossible to guarantee original installation, definitely will cause the vehicles value to disparage. Latter appraises after the second-hand vehicle appraisal appraisal company, the Liu this vehicle's depreciation expense is 10700 Yuan. What but lets disputing party Liang Mou not be able to think, the court decision has supported Liu's lawsuit, makes his extra compensation this “the vehicles depreciation expense”. Actually, regional presented the similar lawsuit one after another in recent years. Last year our province Panan County People's court once had decided the same place “the vehicles depreciation expense” the claim lawsuit. Drives taking advantage of Che Ren has the traffic accident, the vehicle owner requests taking advantage of Che Ren to compensate the vehicles depreciation expense, finally the court has supported vehicle owner's this lawsuit request. The Sangtana 2000 collisions but in last March, Hangzhou Mr. Zhu drove the resolute passenger vehicle which and Mr. Fang drives, the resolute passenger vehicle damage is serious, the accident recognized that Mr. Fang took full responsibility. Mr. Zhu sues for damages “the vehicles depreciation expense” afterward to Mr. Fang and goes to court finally, latter Mr. Zhu withdraws a suit for various reasons. Attorney viewpoint “the vehicles depreciation expense” claim reasonable legitimate that the non-responsibility side's vehicle owner proposed that this claim request, does have the legal basis? Reporter found that our country present "Transportation Law", had not proposed that “the vehicles depreciation expense” the concept, does not have this compensation project. Zhejiang six and Law office Attorney Lang Lixin believed that this claim request has the full legal basis, reasonable legitimate. “this compensation belongs to the civil tort category. Your vehicle for has hit mine vehicle, has caused in my economy losses, must make the corresponding compensation. The narrow loss including the maintenance cost, the medical service, tows the fare and so on expense which can see, but the generalized expense includes the `vehicles depreciation expense naturally '. How many day new car if just did start off not to hit by the human, opposite party has been responsible yours vehicle to fix is all right? This to the vehicle owner who did not have a responsibility side, was obviously loses fairly.”Lang Lixin said. He gave back to reporter to draw an analogy, was just like is walks some people beats severely you on the avenue, then compensated for you the medical expenses wants to settle, you could accept? However, what with the maintenance cost, the medical service is different, “the vehicles depreciation expense” the high resilience, how does this item of expense calculate is a question truly. “will encounter the similar case from now on, the vehicle owner definitely may sue for damages the `vehicles depreciation expense '. Once after entering the legal proceeding, the court will entrust the related company to carry on the appraisal, the vehicle owner do not because of fear that troublesome will give up own legitimate rights and interests.”Lang Lixin proposed. Insurance company “the vehicles depreciation expense” vehicle owner pull out “the present Insurance company not to have the `vehicles depreciation expense ' this adjustment project. Once a side claim, the expense undertakes by vehicle owner.”Yesterday, reporter sent a telegram to the life insurance safely, and so on many Insurance companies, obtained the answer was in the present insurance market, but also did not have this danger to plant, but Che Sunxian has not covered this content, therefore the Insurance company has also not undertaken “the vehicles depreciation expense” precedent. “the insurance is take the repair as a principle, namely repairs the original operational performance, but realizes the inflation-proofing and appreciation. In adjustment process, if is transport business vehicles, to will stop trips the loss which will create to carry on the compensation, but ' will not compensate to the `vehicles depreciation expense.”Brings peace and orders to the nation to insure the Zhejiang subsidiary company car insurance department person in charge to thank flies in circles believing, although after vehicle collision, causes the value to disparage this is the fact, but the present Insurance company will not pay for this part of expenses. From now on, will enhance along with the vehicle owner Uygur power consciousness, when will sue for damages “the vehicles depreciation expense” will become one kind of common phenomenon, does not remove the insurance profession to additionally build the new danger to plant fills the blank. “speaking of the Insurance company, in view of `vehicles depreciation expense ' the danger plants the risk to be big. If one day to have this danger to plant, the insurance premium will not be certainly low.”Thanks flies in circles speaking frankly, this brand-new danger plants the birth to still probably the date and time, this also means that “the vehicles depreciation expense” must pay voluntarily in the very long times by the vehicle owner. After vehicle owner sound the restraint driving behavior manifests social justice the Tianjin “the vehicles depreciation expense” the claim document judged, immediately has caused vehicle owner's strong reaction. But at some website's forum, the web cam also has each kind of different sound to this matter.Reporter found that the most web cams to sue for damages “the vehicles depreciation expense” the behavior to express the support. “if a new car has been hit in vain by the human, even if will be repairs well also will affect again artisticly, perhaps also will have many sequelae. If does not compensate a `vehicles depreciation expense ', is truly unfair.”The web cam “the recluse” said. But more people indicated that after may sue for damages “the vehicles depreciation expense”, but active constraint driving behavior. “now many drivers depend have bought the insurance, drives when unscrupulous, extremely easy to breed the traffic accident. If later must compensate the `vehicles depreciation expense ', the driver definitely wanted to think over.”A Hangzhou vehicle owner Mr. Mu said.however , also some people worried, many after more and more vehicle owners participate in the claim “the vehicles depreciation expense”, will create some unexpected consequences. Runs upon a BMW after for instance QQ, even if perhaps the QQ vehicle owner sold the vehicle could not also be as good as the BMW vehicle “the vehicles depreciation expense”. “will look like drives from now on cautiously, saw that the upscale vehicle will be best is hiding by far.”A QQ vehicle owner on-line said.
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