Claiming Vehicle Depreciation Losses In The3rd Party Commercial Liability Insurance

According to data released by the website of China Industrial Research,by the end of2013, the vehicle number in China reached137million. It takesonly13years for vehicle number from16million in2000to137million.With the automotive industry’s rapid development, car companies, insurancecompanies and government enjoyed the benefits from the rapid developmentof automobile, on the other hand, it also brings some unfavorable factors,such as more and more accidents. In the past accidents, the vehicle ownersgenerally only required the standard repair is acceptable, however, in recentyears, with the improvement of legal awareness, more and more vehicleowners would defend their own rights. After the accidents happened, thereare more and more cases sued in courts by the vehicle owners who requiredinsurance companies to compensate for the losses of vehicles depreciations,but because the current relevant laws and regulations are not clear andspecific about the loss of vehicle depreciation,"the3rd party commercialliability insurance" claiming is not a reality. What is the nature of the vehicledepreciation loss? Should the insurance companies of "the3rd party commercial liability insurance" take the liability? In what conditions and howmuch? And so on. About these questions, no agreement among the theoristsand practitioners, and there are many different judgements for same cases.This article will make the analysis and demonstrate on "the3rd partycommercial liability insurance" and the vehicle devaluation loss, and willpropose a solution that will analyze the reasons of the depreciate loss, natureand the relevant legislation defects, will make recommendations with a viewto improve "the3rd party commercial liability insurance" the devaluation losscompensation system.My specific studies include: First, analyzing three same cases withdifferent judgements, pointed out that China’s current status and the problemsof the vehicle devaluation loss claims in the "the3rd party commercialliability insurance"; Second, analyzing the concept, the nature, the mainconstituent requirements and the legal entity of rights and obligations ofvehicle devaluation losses according to China’s <Civil Law>,<InsuranceLaw>,<Tort Liability Law> and other relevant laws and regulations; Third,describing the judicial practice and its urgent issues about "the3rd partycommercial liability insurance" devaluation claims; Fourth, elaborating thesignificance to improve and perfect the "the3rd party commercial liabilityinsurance" system in the devaluation claims; Fifth, elaborating theoretically "the3rd party commercial liability insurance" in the insurer’s liability fordepreciation loss based on the legal basis, and then put forward a soundconcrete measures to define the depreciation loss of vehicles throughscientific, authoritative professional accreditation bodies and capable of thetimely and effective claims.