Studies On Compensation For Vehicle Devaluation In Traffic Accidents

Regarding the problem of payment of vehicle depreciation caused by traffic accidents,it has not reached a consensus due to its concealedness and complexity.With the development of the social economy,the car has already entered thousands of households,and this depreciation is related to individual’s most personal interests.The problem has occurred,and the solution has no conclusion,so the discussion of relevant issues is necessary.Three years of relevant judicial judgments in the past three years,mainly have problems such as conceptual confusion,compensation responsibility subject chaos and vague standards.First,the depreciation loss of the vehicle is that even after repair,the value of the value reflected in the accident is reduced by the accident.Specifically,two factors of technical depreciation and trading depreciation are superimposed,and the transactional depreciation is usually depends on the technical depreciation.The internal structure of a motor vehicle is complex,and it has a high degree of mechanical and adaptability.Therefore,after an impact,it is difficult to fully restore to the performance state before the accident due to the existing technology,thus resulting in a technical depreciation.Transactional devaluation is the impairment of transaction value evaluation that may exist even after repairs,and is an externalized manifestation of people’s natural resistance and risk aversion to things that have been damaged;secondly,in terms of nature,Vehicle depreciation losses are quantifiable objective direct losses.In the event of a serious accident,based on the existing repair technology,even if the car body of the motor vehicle can be restored to its original state,there will inevitably be differences in the use performance such as sealing,safety,and braking.In other words,due to the limitations of actual technology,the loss of vehicle depreciation becomes a loss that cannot be remedied through repairs.Whether in the theoretical sense or in the judicial practice effect,improving the relevant provisions and establishing a unified compensation standard will not only help to understand the damage compensation system in depth,but also help citizens get relief when their legitimate property rights and interests are infringed.It should be noted that "compensable" does not mean "compensable".Since it is damages,it should follow the scope of damages law.In the context of compensation for vehicle depreciation losses,there are many limiting factors,including profit and loss balance,degree of damage,and victim factors,etc.On the issue of how to make compensation,the first and foremost is to determine the compensation obligator.Whether in terms of legal attributes or from the perspective of social and economic development,vehicle depreciation losses are fully insurable.The obligor of damages should be distinguished and determined according to whether the infringer has purchased commercial insurance.The compensation method for depreciation damage is reflected in the payment of money.In terms of the amount of compensation,in addition to the evaluation reports issued by professional institutions,there are also model calculation methods that can be used for reference.The existing algorithms either lack mileage or do not take into account the age of purchase,which is always one-sided.In this regard,a new comprehensive algorithm concept is designed,and the purchase year,mileage and repair cost are used as three parameters to calculate the depreciation rate together as a benchmark.