Research On Compensation For Depreciation Costs Of Motor Vehicles In Traffic Accidents

The compensation for the loss of motor vehicle is related to the maintenance of the legitimate rights and interests of the right people,and it is of great significance to the referee of such cases in the practice on unifying judicial practice.At present,there are three different views in theoretical cycle,such as supporting compensation,against compensation and compromise view.The supporters mainly believe that the vehicle depreciation loss is direct loss,it is should be compensated according to the principle of full compensation in tort law.The objectors mainly believe that there is no uniform standard and organization of confirmation in the amount of vehicle depreciation loss.Besides,there is no institutions for the legal position of person to share the risk.The compromise holds the view that whether the vehicle depreciation loss should be compensated depends on whether the owners have intention to sale the vehicle.Judgments in the practice of such cases are also different.Faced with the question that whether the vehicle depreciation loss should be compensated and how to determine the amount of the vehicle depreciation loss,this article supports the compensation for vehicle depreciation loss.It is considered that the vehicle depreciation loss is an objective loss,direct loss and actual benefit loss.At the same time,proposing to make use of the age of the vehicle to determine the amount of the vehicle depreciation loss.Besides,this way is easy,objective and reasonable.In addition,we can take example by the vehicle insurance in America,let the insurance company share the risk of vehicle depreciation loss and promote responsible person to carry out obligations and build perfect vehicle devaluation compensation system.