Studies On Compensation For Diminished Value Of Accident Vehicles

There has been a continuous dispute over whether the diminished value of accident vehicles can be compensated.Due to the lack of a clear judgement standard,the verdict of such cases are constantly divergent and a totally different verdict can appear between the similar cases.Based on the summary of the existing trial issues,this article is mainly divided into two parts.The first part demonstrates the compensability of the diminished value of accident vehicles,and the second part studies the compensation scope and specific calculation method of the diminished loss.In the demonstration of the compensability of the depreciation loss,this article first clarifies the basic issues such as the type and nature of the diminished value of the accident car.The diminished value contains Repair-Related Diminished Value and Inherent Diminished Value.There is no doubt that the Repair-Related Diminished is object damage.Although the Inherent Diminished Value is related to the psychological evaluation of consumers,it reflects the objective evaluation on the trading market,so it also belongs to the objective damage.At the same time,the loss is also a direct loss,but whether it is a direct loss or an indirect loss has no relation with its compensability.Secondly,the article analyzes whether the diminished value exists,which is an important prerequisite for the compensation of the damage.Damage compensation must follow the principle of full compensation,which requires the infringer to compensate for all the attributable damage.The infringer can apply the restoration and momentary compensation separately or simultaneously.If restoration method is chosen,the vehicle need to be restored to a state where it would be if there were no accident The pure physical repair can only restore the use value of the vehicle,while the exchange value remains to be compensated,so there is still a loss of depreciation Article 117 of the<General Principle of the Civil Law of the People's Republic of China>,Article 6 of the<Tort Law of People's Republic of China>and Article 76 of the<Road Traffic Safety Law>can be used as the basis of the compensation of diminished value of accident cars.In the specific analysis of imputation,there is no objection to the establishment of liability;In the scope of liability,the occurrence of diminution does not beyond the judgment of a reasonable person.It is still within the scope of equivalence,and conforms to the interests to be protected by tort law,which can be attributed to the infringerThe second part mainly discusses the compensation scope and the specific calculation method of diminished value.First of all,in consideration of the burden on the infringer caused by compensation for diminished value and in order to find a balance between freedom and compensation,the compensation for diminished value of the accident car also needs to be limited.In actual compensation,certain elements need to be considered,including the original price of the vehicle,the severity of the accident,and the degree of depreciation of the vehicle.Then on the calculation of the damages,the article proposes a formula by referring to the experience of the comparative law and the formula of the old car value appraisal in our country.The article also analyzes the influence of "exchanging old for new" and "the victim at-fault" on the calculation of the diminished vale.In determining the obligor,the company underwriting the Compulsory Liability Insurance of Vehicle Traffic Accident does not need to bear the compensation for diminished value.Whether the company underwriting the Third Party Liability insurance needs to bear the liability for compensation of diminished value depends on the effectiveness of its exemption clause in the insurance contract.