Research On Compensation For Vehicl Depreciation Losses In Traffic Accidents

In recent years,with the continuous increase in the ownership rate of private cars and the increasingly refined demand for compensation for losses caused by traffic accidents,there have been more and more controversies arising from the issue of vehicle depreciation losses.China’s theory and practice have gradually shifted from the discussion of whether it is possible to affirm the possibility of compensation for vehicle depreciation losses to the discussion of the elements and amount of compensation for vehicle depreciation losses today.In order to clarify the essence and characteristics of vehicle depreciation losses,analyze and determine the possibility and necessity of compensation for this loss,and clarify the relevant issues involved in compensation,this article adopts normative analysis,comparative analysis,literature research,and value analysis methods.Chapter 1 explores the definition and three major characteristics of vehicle depreciation losses.Chapter 2 sorts out and analyzes 105 precedents related to vehicle depreciation losses made by higher people’s courts in various regions retrieved from the China Judgment Document Network.Chapter 3 demonstrates the legal and objective basis for the compensability of vehicle depreciation losses.Chapter 4 first argues that the compensation for vehicle depreciation losses should not be based on selling,and then elaborates in detail that the compensation for vehicle depreciation losses should be based on the relatively serious degree of damage caused by the vehicle in the accident,and the party requesting compensation should be the party who is not responsible or bears secondary responsibility in the accident.At the same time,restrictions should be set on the age,mileage,and maximum and minimum amount of vehicles that can be compensated for accidents.Chapter 5 explores whether the compensation subject for this loss should be determined as an insurance company or an actual infringer based on the circumstances.Chapter 6 deduces the formula for calculating the amount of vehicle depreciation losses and innovatively designs a table for the depreciation coefficient.