In The Traffic Accident Vehicle Value Loss Compensation Empirical Research

In recent years, with the rapid development of our social economy, family, risingconsumer purchasing power, the car is no longer a luxury, but gradually transformed into acommodity. Based on this, the car work for human life brought great convenience, at the sametime, through a civil dispute the car is also growing. Vehicle impairment loss compensationhas become a typical aspect of such disputes. The vehicle affirmation and support, theimpairment loss of many things. This article from a typical vehicle impairment losscompensation cases of vehicles in the practice of analyzing the problem of impairment lossesare controversial. Besides preface and epilogue, is divided into three parts:The first part, introduce the case and summarize cases focus. In September,2007, huangdriving (owner li mou) moving in reverse driving a car driving in China, the two cars crashedinto each other. By an bureau decided that China should take full responsibility. After theaccident, the vehicle evaluation that remnant value is RMB801000. The plaintiffs believe thatafter the accident although car for repair, but the performance suffered varying degrees of loss.After the preliminary estimate, the loss fee is200000yuan, so the appeal. Summarizes thedispute focus.The second part, the law of the dispute focus case analysis. Focus from the nature of theimpairment loss, maintaining conditions, vehicle loss determination and calculation standardand applicable law and so on carries on the analysis, it is concluded that vehicle impairmentlosses under the existing legal framework can also be the basis of being paid. Clear vehicleimpairment loss in the civil law sense exists objectively, and is the property of the directlosses. Maintaining conditions should include: the vehicle damage degree, and the size of theloss; Vehicle value, performance and usage; The infringer for intentional misconduct or grossnegligence; Vehicles cause impairment losses and the impairment loss compensation is not onthe premise of trading in five aspects. According to the general principles of the civil law ","road traffic safety","tort liability act" and other legal regulations on property damage,vehicle impairment loss is able to determine and calculate.The third part, on the vehicle impairment losses related legal theory and practice. Drawlessons from foreign impairment losses, how to deal with the vehicle and the vehicle themeaning of the impairment loss compensation, exclusion of trading as impairment losscompensation, suggest the standardization of the impairment loss evaluation identification and calculation standard and society to share the risks of impairment losses, finally based on theregulation of our country the legal problems about traffic accident liability personal opinionsand Suggestions are given.