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If you borrow a friend's car and have a traffic accident, the depreciation fee can only be told to your friend according to your friend's requirements, and you don't need to give it to your friend, so you must give it to him.
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In a traffic accident, is the car broken? Or did you hurt someone? If the car is broken, repair the friend's car first, and then give the friend appropriate compensation.
If you hit and injure someone, it may involve insurance payouts, and it may also cause the vehicle to be seized, which will cause losses to friends.
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After a motor vehicle is involved in a traffic accident, only direct economic losses are generally compensated, depreciation expenses are not included in the scope of damage assessment, and the proportion of depreciation expenses can be determined through negotiation between the two parties.
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If the insurance is complete, the damage caused by the accident is compensated by the insurance company, including the compensation to the other party, the compensation for their own car damage, and they basically don't want to pay, but the next year to insure, the insurance premium paid should be increased, the loss to the owner is, the insurance premium for the next three years is a few percentage points higher than now, the loss of the car owner should be less than 2,000 yuan, and you will compensate him for the accident A total of 3,000 yuan is enough. If you don't have insurance, you're responsible for how much damage the accident caused.
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Look at the injured part and area to give depreciation expenses.
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Depreciation is usually calculated at 10% per year.
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It depends on what kind of car and the degree of damage, it is best to find a second-hand car dealer to evaluate it, and you will know how much the damage fee is.
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In this case, I think it's better to negotiate between the two parties. After all, it is a negotiation between friends, and it is the best choice to sit down and have a good talk.
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Depreciation after the repair of traffic accident vehicle damage, 1. Depreciation after the repair of traffic accident vehicle damage Depreciation after the repair of traffic accident vehicle damage is generally hired by the local traffic management department to conduct appraisal, and the appraisal cost is not the same in various places, and the general motor vehicle is between 1300-2500 and non-motor vehicles is generally between 300-800 yuan. If the vehicle is damaged in a traffic accident, the party responsible for the accident is not responsible for repairing the vehicle for the non-responsible party, and generally does not need to pay depreciation after the damage is repaired. Second, the traffic accident vehicle in the responsibility of the certificate of responsibility can not be taken traffic accident vehicle collection has a time limit, such as the injured traffic accident vehicle does not preserve, can quickly get the car, the cost of car repair by the other party compulsory insurance, insufficient by you according to the responsibility of the share.
After the vehicle is involved in a traffic accident, the traffic police want to impound the car, the purpose of the car detention is to conduct a vehicle inspection, after the inspection, if the other party does not apply to the court for property preservation, you can get the car back. The car is used to verify the performance of the vehicle, and the car must be released after the verification is completed. According to Article 38 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic management department of the public security organ shall agree with the inspection and appraisal agency on the time limit for the completion of inspection and appraisal, and the agreed time limit shall not exceed 20 days.
More than 20 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days. The public security traffic management department shall notify the parties to collect the impounded accident vehicle, motor vehicle driving license, and seized items. For ownerless vehicles whose drivers have escaped or vehicles that have not been picked up after 30 days of notifying the parties, and if they still do not come to accept the handling after 3 months of the announcement, the impounded vehicles shall be dealt with in accordance with law.
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This is something you didn't negotiate, after all, you borrowed the car and had an accident, and you can buy the car at the market price as a boutique car.
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This 15,000 is really unreasonable, it's too dark, the new car is only 50,000, and it's only worth about 30,000 after two years of driving, so what do you think about compensating 15,000 depreciation?!!
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Depreciation is not supported and does not need to be given.
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Summary. In the event of a traffic accident, the other party can appeal to the court if the depreciation fee is paid.
1. At present, there is no corresponding provision on the compensation of vehicle depreciation expenses in the law. Therefore, in practice, courts across the country also have a variety of judgments. If there is sufficient evidence to prove the depreciation cost of the vehicle, most of them will be supported, otherwise it will not be supported by the court.
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 the court to litigate, because this standard is not easy to measure.
In the event of a traffic accident, the other party will have to pay depreciation.
In the event of a traffic accident, the other party can appeal to the court if the depreciation fee is paid. Relevant provisions on depreciation expenses: 1. There are no corresponding provisions on the compensation of vehicle depreciation expenses in the current law.
Therefore, in practice, courts across the country also have a variety of judgments. If there is sufficient evidence to prove the depreciation cost of the vehicle, most of them will be supported, otherwise it will not be supported by the court. 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 that the parties should negotiate on their own, and that if the negotiation is not completed, they can go to the court to litigate, because this standard is not easy to measure.
2. On the question of who to claim for depreciation of the vehicle. Through investigation and research, many insurance companies in China generally provide for exemption from liability for vehicle depreciation, that is, depreciation is not within the scope of insurance claims, they give reasons from the perspective of the "Insurance Law", the principle of compensation in China's insurance law is to only compensate for direct losses, not to compensate for brief losses, insurance companies generally list depreciation expenses as indirect losses, with so they do not know the allocation of claims. So what to do for the victims?
After a traffic accident in a vehicle, just like after a person suffers an infringement, no matter how it is repaired, it is impossible to be the same as when there was no accident before, so this loss is objective, and everyone can feel it, for example: if a just Ben Sell Yuanchi was rear-ended, less paint, sheet metal thousands of yuan, more than tens of thousands of yuan, repaired and then traded on the market, it must be cheaper than the same specification of the vehicle without an accident, Therefore, it is understandable in practice to advocate the depreciation cost of a vehicle.
Please ask him how long it will take for him to go through the legal process and the ant wheel can be notified We are only a slight accident with a smoldered letter. This should not be supported by the debate.
If it really doesn't work, it will only call the traffic police to deal with it, and will not appeal to the court, but if the parties insist on going to court, they will also **, generally 3-7 days will receive a notice.
Will such a court support him.
As mentioned above, this depreciation fee is not supported by the court.
I bought the full insurance, at first he didn't say anything at all, to the back his car was repaired and he said they 4S shop told him and then he started.
This specific situation depends on the penalty decision of the traffic police, including this insurance.
Ask about custom messages].
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Summary. Hello, I'm glad to answer for you, I don't need to compensate the owner for depreciation when driving a friend's car in an accident, and I don't need to compensate for depreciation in the event of a traffic accident. There is no legal basis for the claim for depreciation, and the perpetrator may not compensate, but for the property damage caused by the vehicle being hit to the owner, the owner of the vehicle can request the perpetrator to compensate according to the market value of the loss<>
Hello, I'm glad to answer for you, I don't need to compensate the owner for depreciation if the car sold by Kai Peng Yu Yu Yu Friends has an accident, and I don't need to compensate for depreciation in the event of a traffic accident. There is no legal basis for the claim for depreciation, and the perpetrator may not compensate, but for the property damage caused by the vehicle being hit to the owner, the owner of the vehicle can request the perpetrator to compensate according to the market value <>of the loss
In accordance with Article 1182 of the Civil Code, if the personal rights and interests of the person who infringes upon him and causes property losses, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the People's Huaijian Court, the people's court shall determine the amount of compensation for the search according to the actual situation<>
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