The Practical Study On The Scope Of Compensation For Vehicle Damage

The damage caused by vehicle damage can be divided into three categories:it not only includes the damage of the vehicle entity itself,the technical depreciation,the repairing expense and the transaction depreciation,etc,but also includes the negative damage such as the inability to use the vehicle and the loss of transportation during the repair period.Besides,it also includes the price paid before the loss,such as taxes,garage rentals,insurance premiums,fees and other damage caused by the failure to use the vehicle.When determining the scope of compensation for damage,the judge should not be limited to the meaning of the fifteenth article of law[2012]19.In principle,the judge should take the difference theory as the basis,taking the organization theory as supplement so as to practice the principle of all compensation and the principle of prohibiting profit.On the premise of distinguishing the causal relationship,the judge applies the theory of conditions,the theory of equivalence and the standard theory of Skopos in sequence according to the order.At the same time,the order of the damaged interests should be taken into consideration,so as to fully reflect the interest measurement and then to delimit the scope of compensation properly.The restoration of the original state should not be understood as the original state before the occurrence of the accident,which should be understood as the recovery to the state that the accident does not occur,which changes after the accident should be taken into account.Therefore,the depreciation loss should not be defined as the market price difference before and after the repair,and the actual market price after the restoration and the unhappened accident are not defined as the market price difference before and after the repair.Because the value of the vehicle is the unity of the value of use and the value of exchange,the restoration of the original form can be decomposed into "physical origin" and "value original";the former corresponds to the loss of technical devaluation and should be compensated within the equivalent range.The latter corresponds to the loss of transaction depreciation,and should be further restricted by two conditions:"the possibility of sale of vehicles and the mileage of useful life".When assessing compensation for depreciation losses,it is appropriate to recognize that victims have the option of objective calculation and subjective calculation.When the vehicle is partially damaged,the fifteenth release of the law,[2012]19 limits the right of claim to repair costs and protects the victims.The judge shall choose the fifteenth,first and second sections of the tort liability act as the legal basis so as to ensure that the victim is safeguarded more carefully.The loss of the outage is essentially the right of expectation,which is reflected as a kind of transaction opportunity loss,which should be protected by law,but excessive compensation violates the principle of prohibition of profit;the condition of compensation should be limited by two conditions of objective certainty and operating qualification,but it is not completely excluded because of supporting the replacement of the cost.The compensation for the loss of the loss is based on the principle of the difference,and the subjective calculation method is applied to the victim to prove the situation of the short-term profit.When the damage fact is determined and the amount is difficult to be estimated and predicted,it can be replaced by the similar profits of the outsider or the unbeneficial cost paid by the victim himself.At the same time,the obligor enjoys the right of defense.Because the difficulty of the proof is caused by the injuring behavior,it is more fair for the obligor to prove that the benefit of the victim is lower than the average value of the industry.When the profit is measured,it can not only reduce the variable cost,but also the profit plus the fixed cost.During the vehicle repair period,the victim has lost the "possibility of using the vehicle",which is a passive damage in nature and can be measured by currency.The property property of the property should be used as the theoretical basis:the cost of the victim's expenditure before the occurrence of the damage(garage rent,tax,premium,etc.)as the price of the legal interest,because the vehicle can not be used to cause the loss of the cost,and the causality between the loss and the loss of the price has a causality.The compensation for the loss of interest should be defined at the same time in accordance with the two active requirements of the vehicle needs and the intention of using the car;but it is not excluded because of the rent or support for the resetting of the cost;of course,the victims also have the deceleration obligations,such as the timely handling of the refunds and the cancellation of registration.The fourth items of the fifteenth law and the fourth release of the law affirm the basis of compensation for the loss of interests,and the value is affirmative;It is not appropriate to understand that during the period of repair,the victim actually paid the rental fee.When the victim actually needs the car,but actually saves the expenditure,the right person should not be left empty handed.