Damages For Loss Of Use Of Non-operating Vehicles

Motor vehicle traffic accident liability is one of the most common types of tort liability in practice,and the loss of use about motor vehicle is the most common case of such tort liability.This article has two research purposes: First one is to determine whether the loss of vehicle use can be claimed for damages;Second one is if compensation is possible,how to determine the scope of compensation.The loss of use to claim damages must meet the constituent elements of damages.It is controversial whether the loss of use constitutes a violation of legal rights and whether the loss of use is compensable.First of all,users can be divided into owners and occupants,and their respective interests must be different.The use of human ownership,use is one of the important functions of ownership,the physical value of the object is mainly in its use.The loss of use interest caused by the infringing entity is a violation of ownership and should be protected by tort law.When the user is occupied,it is necessary to distinguish between the right to possess and the right to occupy the possession.The right to possess that are protected by tort law,according to the content of source right,the right to possess who has the right to use the subject matter,and the loss of the of use can be claimed for infringement damages.The powerless possession is divided into bona fide persons and holder in bad faith.The bona fide occupant has no right to use the subject matter,and the loss of its use is not covered by tort law.The subjective of holder in bad faith has greater susceptibility,and it does not have the use of benefits which are protected by law.The loss of use possibility is the existence of damage,involving theunderstanding of the concept of damage.At present,the academic is based on the "difference hypothesis " proposed by Monsen,and judge the existence of damage is determined by comparing the difference of the total assets of the victims.During the loss of the of use of non-operating vehicles,the victim does not generate expenses for the substitute,and there is no property difference,that is,the damages cannot be requested.However,in determining what is compensable damage,in addition to the calculation of the difference,value considerations are needed.Judging from the provisions of China's Tort Liability Law,China does not adhere to the "difference hypothesis" proposed by Monsen,and compares the total amount of property,but whether the specific rights and interests of the victim have been violated.If the state of a specific interest has deteriorated,and the state has objective property value,even if there is no difference,it should be sure that there is property damage.The value of the object is the use,the use can be measured by money in the trading market,and the use is not in the entity value,and it has its own independent property value.The Supreme People's Court's understanding of Article 15,paragraph 4,of the Interpretation also did not limit the damage to the cost of using alternatives.Only the cost of the substitute for actual expenditure must be a property loss and can be used as a reference for the amount of compensation.Therefore,a purposeful expansionary interpretation of Article 15,paragraph 4,of the Interpretation should be made.As long as the vehicle is lost due to a traffic accident,the right holder may claim damages,regardless of whether alternative measures are taken.The loss of use of other items may be analogized to the provisions of Article 15,paragraph 4 of the Interpretation.Loss of use can claim damages,and the scope of compensation needs to be limited by consideration of the following elements.According to the calculation formula of compensation: the period of use of loss multiply by unit time loss.The calculation of the period of loss of use shall take into account the use is necessary for the victim.Generally equivalent or shorter than the period from the date of the damage to the date of withdrawal from the repair shop.The loss of unit time is calculated in an objective manner,that is,the daily charge for renting the same value of the subject matter on the market.Finally,the other expenses saved by the victim during the loss of use,and the profits of the rental company are deducted.