Research On Compensation For Vehicle Devaluation In Traffic Accidents

In recent years,more and more obligees began to seek relief for the loss of devaluation of vehicles.Scholars have been debating whether or not to compensate for the devaluation of vehicles.Courts at all levels have different standpoints,which are mainly divided into "affirmation","negation" and "compromise".The lack of regulations and the divergence of judicial opinions are not conducive to the unity of judicial judgment,but also damage the rights and interests of of the obligee.According to the general theory,devaluation losses of vehicles can be divided into technical devaluation and transactional devaluation.Technical devaluation can also be divided into physical devaluation and functional devaluation.The physical devaluation has external identifiability,mainly reflected in the specific parts or components of the vehicle.The functional devaluation is reflected in the defects in the overall operation and coordination of the vehicle in the use process after repair,which is often ignored because of its concealment.Generally speaking,transactional devaluation emphasizes the concern of general rational people about the negative evaluation and repair state of the damage fact,but in fact,it is the repeated evaluation of the functional devaluation.The public's doubts about the repair status of vehicles are based on the objective and external physical defects with concealment,and they are not independent.Functional devaluation is the direct evaluation of performance defects and the previous transactional devaluation is another evaluation evaluation of the performance defect after it enters the trading market.Therefore,transactionaldevaluation in the general sense is the derivative of functional devaluation,which is not necessary to be evaluated separately and should be included in the scope of technical devaluation.Combining the traditional folk culture of our country that favoring good fortune and avoiding evil,the depreciation loss of "Unlucky Car" is separated from the objective physical damage,which is a trading depreciation with independent evaluation significance based on pure psychological factors.The loss of technical devaluation and transactional devaluation is manifested in the decrease of use value and exchange value,which makes the total property of the obligee have difference,which is an objective loss.The devaluation of vehicles is the infringement of the owner's ownership.The technical devaluation is embodied in the damage to the body and vehicle performance,while the transactional devaluation is reflected in the obstacles to the exercise of the right of ownership.According to the principle of complete compensation and the theory of causality,relief shall be provided for both.In order to avoid a wide range of compensation,the "structural damage" may be used as the premise for compensation,and the transactional devaluation can be limited by heavy casualties,the causality between traffic accidents and casualties,as well as between casualties and devaluation.Wear and tear may occur in the use of a vehicle itself.When the mileage or service life of the vehicle is relatively long and the natural depreciation of the vehicle reaches a certain degree,there will be no room for depreciation any more and depreciation losses may not be taken into consideration.For the situation that high-end vehicles may incur the expense of "depreciation at a high price",in such extreme circumstance,the victim shall share a certain risk coefficient and it is not appropriate to impose the huge depreciation expense on the troublemaker entirely.The vehicles that may claim for devaluation losses are not limited to the vehicles for sale,and do not require the victim to have the intention to sale,as long as here is a relevant transaction market and the possibility of sale exists.By reference to the practices of other related industries such as ships and houses,and with reference to the foreign experience such as the 17(c)formula of the United States and the rohkopf / Sahm formula of Germany,the technical depreciation may becalculated by designing fixed calculation models on a unified basis while the transactional depreciation may still be measured by judges as appropriate in light of specific circumstances.