If a new car is rubbed by someone else, can I claim compensation for depreciation?

If the new car is rubbed by someone else, the insurance company is only responsible for repairing the vehicle and does not compensate for depreciation if the vehicle is damaged in a traffic accident between the two parties.

As long as there is liability (secondary liability, joint liability, primary liability, and full liability), the amount of compensation in the compulsory three liability insurance is the same, because the compulsory three liability insurance is only divided into liability and non-liability. The compensation limit for liability under the compulsory three-liability insurance is 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property damage.

Commercial third-party insurance is a type of insurance in which the insurance company is liable for the loss of a third party. The third party refers to the third-party victim who suffers losses due to an accident in the insured vehicle other than the policyholder, the insured and the insurer.

1. You can open the machine cover and check whether the various parts of the engine compartment have been squeezed or scratched, and if so, they can be seen by the naked eye. 2. The depreciation cost of a new car is equivalent to a "mental loss fee", which is certainly not available. You can only ask the other party to compensate for all the repair costs, if the other party does not take the insurance but privately, he is only obliged to be responsible for repairing your car, regardless of repair; The goal you are fighting for should be to ask for the best 4S to fix it.

This is the general rule of the trade, so it is unlucky to always have a car rubbed by others.

You are fully responsible for the accident, and the other party wants depreciation, which is unreasonable, and the court will not support it. At present, China's law only supports those vehicles that wear hand-built vehicles and have collectible value, and the depreciation cost shall be judged according to the depreciation of the collection value. Other general vehicles are not compensated.

Mondeo, it has been open for 2 years, and the normal depreciation cost is 1-20,000 yuan per year. Therefore, there is no reason for the other party to claim compensation of 10,000 yuan for depreciation, the other party's request is unreasonable, you can only compensate for the maintenance costs, if the other party is not satisfied, then he will sue you, and if the court awards you to compensate for the depreciation, you will compensate.

If it is unreasonable, compensation can be refused.

The depreciation cost of a car refers to the price drop that occurs naturally with the accumulation of the car's useful life. It has nothing to do with you scratching the other person's new car, which means that even if you don't scratch the other person's car, you will still incur depreciation.

If you are also a motor vehicle, you can consider applying for insurance and let the insurance account for the loss. If not, you can consider letting the traffic police department coordinate, and if you can't, you can consider going through the judicial process to calculate the loss and compensate.

The traffic accident insurance company only pays for the direct loss, that is, the cost of repairing the car, and the traffic police only mediate, and the depreciation fee is negotiated by both parties. You can also not pay, and if the other party insists, then let him go through the legal process.

I think this is very reasonable, because after all, there will be such a situation, because if the new car has an accident, it will definitely depreciate if it is re-sold, so the other party's request is more reasonable.

Rubbing someone else's new car, people ask for compensation for depreciation is not very reasonable, at most to say that someone else's new car rubbed off the place to repair it, but also depends on whose responsibility, if not your responsibility, you don't need to help him repair.

If you create someone else's new car, people ask for compensation, is the depreciation reasonable If you rub it more seriously, people ask for compensation, of course, within a reasonable range.

If you accidentally rub into someone else's new car, don't deal with it yourself, you must call the police first and hand it over to the police to deal with.

1. What is depreciation?

Depreciation expense, an accounting amount, is usually calculated as a fixed percentage of the original cost of the asset, which is periodically charged to the expense account or deducted from the gross income to compensate for the depreciation of the asset.

2. How to claim depreciation expenses for the new car you just bought when it was hit.

If the purchased new car is hit, the owner can claim the depreciation of the new car in addition to asking the responsible party to bear the cost of handling the new car. Although the current law does not clearly stipulate this, the depreciation caused by the collision of vehicles is an indisputable fact. According to the principle of fairness and impartiality in civil compensation, the car owner should be compensated.

After the accident, the owner of the car should immediately call the police and notify the insurance company. Because the on-site damage assessment may not be too comprehensive (most of them can be seen by the naked eye, the loss of the surface of the vehicle), it is best to send the car to the repair Fumu factory, make a comprehensive damage assessment of the internal structure of the car, and indicate that the damage caused by the car is caused by the accident.

Then, apply to the authoritative department recognized by the court for technical appraisal, calculate the depreciation loss caused by the accident, and then file a lawsuit with the court where the accident occurred or where the responsible party is located, and demand that the responsible party compensate for the depreciation expenses.

3. Overview of the traffic accident claim procedure.

Public security organs. In handling traffic accidents, the parties and relevant personnel shall be convened to mediate compensation for damages after ascertaining the cause of the traffic accident, determining the responsibility for the traffic accident, and determining the losses caused by the traffic accident.

The time limit for mediation of damages is 30 days, and the public security organs may extend it for 15 days if they deem it necessary. For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of death caused by a traffic accident, mediation shall commence from the date of the end of the prescribed time for handling funeral matters; If the traffic accident only causes property damage, the mediation shall commence from the date on which the damage is determined.

Where an agreement is reached through mediation, the public security organs shall draft a mediation document.

It shall be signed by the parties, relevant personnel, and the mediator of the Dan Hall, and shall take effect immediately after affixing the seal of the public security organ. The public security organs shall send the mediation documents to the parties and relevant persons respectively. Where no agreement is reached after the completion of the mediation period, the public security organs shall draft a written conclusion of mediation, which shall be signed by the mediator, affixed with the seal of the public security organs, and sent to the parties and relevant personnel.

If no agreement is reached through mediation or either party fails to perform after the mediation agreement takes effect, the public security organs will not mediate, and the parties may file a civil lawsuit in the people's court.

If a new car is hit on the road, you can apply for depreciation.

Compensation for vehicle depreciation is generally a new car within one year, you can consider applying for depreciation, more than one year, depreciation will not be compensated, but at present, the court can support the compensation of depreciation very little. How much depreciation expenses are compensated for should be assessed by the local price bureau, and then the compensation amount should be determined. A new car for a few months is about 5% of the price.

Then gradually decrease. If the other party refuses to pay, there are the following solutions:

1. It can be resolved through litigation. If the traffic police determine the responsibility, go directly to the court to sue, and pull the other car owner and the insurance company all in to compensate.

2. According to the provisions of the law, if the parties have any objections to the division of traffic accident responsibility within 3 days from the date of receipt of the traffic accident identification, they may apply for review to the traffic management department of the public security organ at a higher level. The review must be submitted within 3 days, and if the time limit is exceeded, the transportation bureau will generally not accept it. There can only be one review, and what has already been reviewed is the final determination of responsibility.

If they are not satisfied with the conclusion of the review, they cannot sue the traffic team. If the victim files a lawsuit for compensation with the court, the presiding judge may change the determination of liability issued by the traffic police according to the facts and circumstances during the court hearing, but this will not usually be the case.

[Legal basis].

Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed upon, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss. Article 74 of the Road Traffic Safety Law of the People's Republic of China In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

Legal analysis: If a new car is hit by someone else, you can claim compensation for depreciation, which is an act of infringing on the property rights of others, and the property loss suffered by the other party should be compensated. The law provides for the calculation of property damage as follows:

It is calculated according to the market ** at the time of the loss or other reasonable methods negotiated by the two parties.

Basis for legal destruction: Article 1184 of the Civil Code of the People's Republic of China, where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Summary. Hello, glad to answer for you! <>

The depreciation cost of the car being hit by someone else needs to be negotiated with the other party, and the other party is willing to pay can be negotiated to settle it, because the insurance company will not compensate for the loss of depreciation, and the depreciation cost is not supported by law. If it is a new car, the depreciation fee needs to provide evidence or identify the actual depreciation in the lawsuit, and the general court will agree to the compensation of the depreciation expense, if it is not a new car, after the vehicle is repaired, the use value will not be affected, and the depreciation fee court generally does not support it.

The car was hit by someone else, how to get depreciation.

Hello, I'm glad to answer for you! <>

The depreciation cost of the car being hit by someone else needs to be negotiated with the other party, and the other party is willing to pay can be negotiated to settle it, because the insurance company will not compensate for the loss of depreciation, and the depreciation cost is not supported by law. If it is a new car, the depreciation fee needs to provide evidence or identify the actual depreciation in the lawsuit, and the general court will agree to the compensation of the depreciation expense, if it is not a new car, after the vehicle is repaired, the use value will not be affected, and the depreciation fee court generally does not support it.

National laws do not have a clear reference standard for depreciation compensation after a vehicle collision. In principle, courts tend not to support claims for depreciation expenses, so it is generally difficult for victims to obtain compensation for vehicle depreciation. However, if the following 5 conditions can be met after the collision, the possibility of claiming vehicle depreciation expenses is greater.

The specific conditions are: 1. In a traffic accident, the party claiming depreciation compensation is not at fault or has little fault; 2. The vehicle damaged by the collision is relatively new, and the purchase time is generally not more than 1 year; 3. The damage to the key part of the vehicle registration caused by traffic accidents is very serious; 4. The vehicle loss caused by the accident must be assessed by the relevant ** or appraisal agency to determine the depreciation rate and amount; 5. The owner of a good car has the intention of ** or has been in good faith ** vehicle.

Legal analysis: Regarding the depreciation cost of the vehicle, in practice, the parties themselves negotiate, and the old wheel can only claim against the infringer, and the insurance company will not settle the claim. Secondly, if you claim this expense against the other party in court, you must have a depreciation appraisal or appraisal report, otherwise it will be difficult for the court to support the claim.

Legal basis: Article 1213 of the Civil Code of the People's Republic of China Article 1213 If a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insuranceThe shortfall shall be compensated by the insurer underwriting the commercial motor vehicle insurance in accordance with the provisions of the insurance contractIf it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.