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In the event of a road traffic accident, the other party will also pay vehicle depreciation after the responsibility is determined and the claim is settled, which should be a reasonable request, but there is no legal support at present, you don't have to pay attention to him and ask him to go through legal procedures. Because from the current legal support, the compensation for the traffic accident has included all the expenses, and there is no such thing as paying depreciation, if he has evidence, he can solve it through legal procedures.
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Reasonable, but not legal, and current insurance and traffic laws do not support the payment of depreciation.
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After the traffic accident compensation, the other party also needs to pay for the depreciation of the vehicle, which is unreasonable. The compensation for traffic accidents** already includes all the expenses that need to be paid, and there is no argument that you have to pay additional depreciation of the vehicle, so you don't need to pay about it.
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At present, in China's civil litigation, for vehicle damage caused by traffic accidents, the scope of compensation is mainly the maintenance cost of the vehicle and related lost work expenses, transportation expenses, etc., and the court will generally not support the depreciation and depreciation loss of the vehicle. On the one hand, there is no clear legal basis, and on the other hand, the depreciation loss of vehicles is uncertain and lacks clear standards. However, if the victim can provide a forensic appraisal and determine that there is a depreciation loss, the court can also support it.
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Theoretically, it is reasonable, but this can be compensated by your insurance company, and your insurance company's staff can negotiate with others.
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After the traffic accident, after the insurance company assesses the damage, it is the compensation **, if you are on the commercial third party insurance, you can directly hand it over to the insurance company, and you don't need to pay attention to the requirements of the other party.
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Is it reasonable for the other party to pay for vehicle depreciation after the traffic accident compensation? After the traffic accident compensation, it is unreasonable for the other party to pay for the depreciation of the vehicle, and it cannot be given to him.
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You don't need to deal with the depreciation of the vehicle, you let the other party negotiate compensation with your insurance company, and you don't need to participate in the compensation, the insurance company is willing to give depreciation and let them pay, and if you are not willing to give, let the other party sue the insurance company, and there is no depreciation cost for traffic accidents.
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It is unreasonable for the other party to do so. In case of an accident, you just need to take care of the other party's car, and as for depreciation, there is no such statement.
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There is no depreciation expense, if you don't want to go, the insurance company will not compensate you, and if it doesn't work, let the other party go to the court to determine how to compensate.
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It can only be said that this does not fall within the scope of compensation for the aftermath of traffic accidents.
But this is subject to legal action. The injured party can sue the court for compensation with the vehicle depreciation appraisal and accident liability determination.
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If you pay for everything, there is still this requirement. Tao feels unreasonable.
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The traffic law and other relevant laws do not stipulate a clause on compensation for consequential losses, and the insurance company does not have this business, so it can be ignored.
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The insurance company will not pay for it. You can let the other party sue the court and let the court deal with it.
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Compensation method for depreciation of traffic accident vehicles: 1. The depreciation period of the car is 5 years and the residual value rate is 5% according to the tax law; 2. Even if it is a second-hand car, its depreciation period is 5 years from the date of purchase; 3. For example, the purchase value of a crown car is 300,000 yuan, the depreciation period is 5 years, and the residual value rate is 5%; 4, the car residual value = 300,000 yuan * 5% = 15,000 yuan monthly depreciation rate = (300,000 yuan - 15,000 yuan) 60 months = 4,750 yuan used for three years, depreciation = 4,750 yuan * 36 months = 171,000 yuan.
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In case of traffic accidents, there is no need to compensate for depreciation. According to the relevant law, compensation for depreciation costs in traffic accidents is not supported, so even if a claim for depreciation is claimed, it will generally not be supported by the court. Vehicle depreciation will be affected by a variety of factors, with variability and uncertainty, and whether the vehicle depreciates will only be reflected in the first time, and whether the vehicle in the traffic accident is sold is not certain, so the court does not support the claim for depreciation.
If the vehicle is damaged by other property, it will be upheld by the court.
Civil Code of the People's Republic of China
Article 1184.
Where the property of others is infringed, the loss of property shall be calculated in accordance with the market at the time of the loss or other reasonable methods. Article 1187.
After the damage has occurred, the parties may negotiate the payment method of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.
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Summary. Traffic accident compensation items: The compensation standard for traffic accidents varies from year to year, generally including medical expenses, lost work expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, funeral expenses, living expenses of dependents, death compensation, mental damage solatium and other compensation items, many of which are determined according to the actual actual consumption.
If the victim dies, the compensation obligor shall compensate the following 6 expenses in addition to the relevant expenses according to the rescue situation: funeral expenses, living expenses of dependents, death compensation, and transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
Is it reasonable for the other party to pay for vehicle depreciation after the traffic accident compensation?
Hello, I will carefully analyze your problem, please be patient, there are many consultants at present, I will reply to you later.
Traffic accident compensation items: The compensation standard for traffic accidents varies from year to year, generally including medical expenses, lost work expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, funeral expenses, living expenses for dependents, death compensation, mental damage solace and other compensation items. If the victim dies, the compensation obligor shall compensate the following 6 expenses in addition to the relevant expenses according to the rescue situation: funeral expenses, living expenses of dependents, death compensation, and transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
Statutory compensation does not include vehicle depreciation.
You can negotiate with the other party to determine the amount of compensation.
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Summary. Hello dear, happy to answer your <>
In a traffic accident, you need to compensate the other party for the depreciation of the vehicle. Traffic accident compensation includes compensation for property damage and personal injury damage. For property damage, it usually includes vehicle damage, third-party liability insurance compensation, etc.
For vehicle loss, it usually includes the cost of repairing the vehicle and the depreciation of the vehicle. Vehicle repair costs refer to the cost of repairing the damaged part of the vehicle. Whereas, vehicle depreciation expense refers to the loss of value of the vehicle due to an accident.
In general, it is necessary to compensate the other party for the depreciation of the vehicle. Because the damage caused by an accident is not only physical, but also causes the value of the vehicle to decrease.
Do I need to compensate the other party for the depreciation of the vehicle in a traffic accident?
Hello dear, I am happy to answer your <>
In a traffic accident, you need to compensate the other party for the depreciation of the vehicle. The compensation for buried holes in traffic accidents includes compensation for property damage and personal injury losses. For property damage, it usually includes vehicle damage, third-party liability insurance compensation, etc.
For vehicle loss, it usually includes the cost of repairing the vehicle and the depreciation of the vehicle. Vehicle repair costs refer to the cost of repairing the damaged part of the vehicle. Whereas, vehicle depreciation expense refers to the loss of value of the vehicle due to an accident.
In general, it is necessary to compensate the other party for the depreciation of the vehicle. Because the damage caused by an accident is not only physical, but also causes the value of the vehicle to decrease.
Traffic accidents refer to accidents caused by factors such as people, vehicles, roads, and weather in the process of road transportation. Traffic accidents can lead to people, property damage, road paralysis and other consequences. Traffic accidents are divided into minor accidents and major accidents.
Minor accidents usually refer to accidents in which the vehicle is slightly damaged and there are no personnel, while major accidents refer to accidents in which the vehicle is seriously damaged and the personnel are keeping an eye on the accident.
No, the car damage is not big.
Do you need depreciation too? The insurance is gone. The other party said that if you don't pay depreciation, you have to sue.
Accompanying is also an insurance claim.
You don't have to worry about it, let him find insurance if he has something.
Okay, the other party said they were going to sue me, what should I do? Doesn't it mean that insurance doesn't pay for depreciation?
Just ignore him and let him find insurance if he has a problem.
Okay, thanks, I'm afraid it will affect my life. The opening is 50,000. Opponent Audi A6, a car over a year old.
If the other party sues me, will I not care? I'm a girl, and I'm a little scared <>
That's right, don't worry if he's a pro.
Some people said that they had to pay compensation, otherwise they would sue me for how to be cautious, and they were scared to death. Thank you, even if the other party sues, will the court not accept it? It's all about the other party and me, the insurance company, right?
That's right, the court won't accept it, and you can push the insurance if you have something.
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Summary. Legal basis: Article 37 of the Road Traffic Safety Measures, the standard of compensation for damages shall be calculated in accordance with the following provisions:
For lost work pay, if the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times higher than the average living expenses of the place where the traffic accident occurred, it shall be calculated as three times; if there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred; For the hospital meal subsidy, it is calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred; For nursing expenses, if the nursing staff has income during the hospitalization of the injured person, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
Dear, hello, I'm glad to ask for your question The other party in the traffic accident asks for compensation for vehicle depreciation: In the case of depreciation compensation for the traffic accident, it is recommended to call the police, and then the traffic police will divide the responsibility according to the current pants shouting field, and pay the compensation according to the liability determination letter presented by the traffic police, and the specific amount involved also needs to be combined with the actual situation.
Legal analysis: At present, there are no corresponding provisions on the compensation of vehicle depreciation expenses in the law. Therefore, in practice, there are various judgments across the country.
If there is sufficient evidence to prove the depreciation cost of the vehicle, most of them will be supported, otherwise they will not be supported. Moreover, in practice, it is not easy to evaluate and appraise the depreciation cost of vehicles. It is generally recommended that the lawyer tell the client in practice to let the client negotiate on his own, and if the negotiation fails, he can go to litigation, because this standard is not easy to measure.
Legal basis: Article 37 of the Road Traffic Safety Measures stipulates that the standard of compensation for damages shall be calculated in accordance with the following provisions: for the compensation for lost work, if the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times higher than the average living expenses of the bent car in the place where the traffic accident occurred, it shall be calculated according to three times; if there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred; For the in-hospital meal subsidy, it shall be calculated according to the business trip meal subsidy standard for the staff of the state organ in the place where the traffic accident occurred; For nursing expenses, if the nursing staff has income during the hospitalization of the injured person, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.
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