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Vehicle depreciation cannot be claimed. Depreciation expenses are depreciated due to the use of oneself for too long. However, it is possible to claim compensation for lost work, etc.
1. Vehicle depreciation is the financial manifestation of vehicle investment, which is to withdraw a certain amount of funds every year to update vehicles to maintain transportation reproduction.
2. Other expenses such as lost work and transportation can be claimed.
3. The depreciation cost of the accident vehicle after repair reaches more than 30,000 yuan can be counted according to the maintenance cost.
4, the full responsibility should bear all the losses of the other party, including the towing fee of the vehicle, parking fees, maintenance fees, etc., if the personnel have **, if the death is caused, according to the situation may be investigated for criminal responsibility, in accordance with the relevant provisions of the road traffic law may be punished for the crime of traffic accidents, and attached civil compensation, moral compensation and so on. If there is only an injury, it is the hospitalization fee, escort fee, nutrition fee, transportation fee, lost work fee, etc.
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There are such judicial cases, you can file a negotiation settlement, and if the negotiation fails, you can file a civil lawsuit.
At present, after the car is hit, one of the vehicle compensation is "vehicle damage depreciation compensation", but this compensation is not covered by insurance. The parties can resolve it on their own, and if an appeal is filed, the court upholds it.
According to the second paragraph of Article 117 of the General Principles of the Civil Law of China, if the property of the state, the collective or the property of others is damaged, the original state shall be restored or compensation shall be discounted. Citizens should have the right to demand compensation for any loss caused by injury to their property.
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Depreciation expense refers to the original value of fixed assets of an enterprise.
Excluding the fixed assets without depreciation, the depreciation expense is calculated according to the prescribed residual value rate and depreciation method. The depreciation expense of fixed assets shall be accrued on a monthly basis from the month following the month in which the fixed assets are used; Fixed assets that are no longer in use shall be descripted from the month following the month in which they are discontinued.
The accounting amount, usually calculated as a fixed percentage of the original cost of the asset, is periodically charged to expenditure or deducted from gross income to compensate for the depreciation of the asset.
Fixed assets are based on the purchase price, relevant taxes and fees paid, and other expenses directly attributable to the purpose of the asset to achieve its intended purpose.
Self-built fixed assets are taxed on the basis of expenses incurred before completion and settlement; Fixed assets under financial lease: The total amount of payment agreed in the lease contract and the relevant expenses incurred by the lessee in the process of signing the lease contract shall be the basis for taxation, and if the total amount of payment is not stipulated in the lease contract, the fair value of the asset shall be used.
The relevant expenses incurred by the lessee in the process of signing the lease contract are the tax basis.
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Insurance only pays for the direct loss of the vehicle, no matter how good the vehicle is repaired after the accident, the vehicle will still depreciate, but this loss is not within the scope of compensation, and the specific loss is difficult to identify, under normal circumstances, everyone does not account for this loss. If you feel that the depreciation is large, you can negotiate with the other party for compensation, if the negotiation fails, it is recommended to find an authoritative agency for loss appraisal and claim your rights through litigation.
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According to the tax law, the depreciation period of the car is 5 years, and the residual value rate is 5%. Now the law does not recognize the term depreciation, if there is a dispute over the issue of depreciation, then the worst result is a court lawsuit, in fact, there have been such cases before, although it is a twist and turn, but in the end there are successful cases.
Even for used cars, the depreciation period is 5 years from the date of purchase. For example, a crown car is worth 300,000 yuan, with a depreciation period of 5 years and a residual value rate of 5%. The residual value of the car = 300,000 yuan x 5% = 15,000 yuan monthly depreciation rate = (300,000 yuan - 15,000 yuan) 60 months = 4,750 yuan for three years, depreciation = 4,750 yuan x 36 months = 171,000 yuan.
There is no express provision in the law for such an indemnity regulation. Caution is taken on compensation for loss of vehicle depreciation expenses, and tends not to support it in principle. The insurance company also stipulates the exemption for vehicle depreciation expense, that is, depreciation expense is not covered by insurance claims.
After an accident, the definition of vehicle depreciation loss is vague. For example, if the car was worth 500,000 before it was hit, how should this be proved? After being hit, you can only sell 300,000, how can you prove it?
This loss is difficult to define. Just like the above-mentioned Cullinan collision incident, it is difficult for the owner of the Changan van to pay for the maintenance fee, and if the vehicle is hit it will depreciate and depreciate, it is impossible to achieve it.
Photo by Liang Kexin of Pacific Automobile Network).
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