Research On Compensation For Vehicle Devaluation Loss In Motor Vehicle Traffic Accidents

In recent years,with the increase in the number of vehicles and the frequent occurrence of motor vehicle traffic accidents,more and more car owners are demanding compensation for the depreciation losses of their cars.However,whether the loss of vehicle depreciation should be compensated is highly controversial in both theory and practice.From the perspective of the judgment,the core problem of compensating for the loss of vehicle depreciation is that there is no legislation to stipulate the loss of vehicle depreciation.The insurance mechanism does not bear the compensation for vehicle depreciation loss and the lack of uniform identification criteria for vehicle depreciation loss identification.At present,the vehicle depreciation loss is compensable on both the actual basis and the theoretical basis.By establishing the basis of compensation,determining the main body of compensation,and delineating the appraisal standards,the compensation for vehicle depreciation losses can be properly solved.The article is divided into four parts.The first part lists the controversial cases that introduce compensation for vehicle depreciation losses,compares the judge's judgment results and ideas,finds out the differences and disputes in the case of vehicle depreciation compensation cases,and extends the questions.The second part is based on the questions raised in the first part of the article,and an empirical investigation into the case of compensation for vehicle devaluation losses.Through the summarization and data sorting of 574 judgments collected by China Judgment Document Network,the summary of the referee of vehicle depreciation loss compensation cases is summarized,and the core problem of vehicle depreciation loss compensation is sorted out.The third part focuses on the compensability of vehicle depreciation losses,and summarizes the considerations needed to obtain compensation for vehicle depreciation losses.The fourth part combines the previous empirical investigation and theoretical research,and proposes the system assumption of compensation for vehicle depreciation loss from the aspects of compensation basis,compensation subject,loss identification and supplementation of extreme events.