I am solely responsible for what to do if the other party asks for depreciation

Updated on society 2024-04-03
10 answers
  1. Anonymous users2024-02-07

    In the accident you are fully responsible, the other party to depreciation, the accident car can not be restored to its original state after repair, you can first carry out vehicle depreciation identification, and then negotiate with the other party to solve the claim for compensation for vehicle depreciation, if the other party does not allow, you can sue the court. , 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.

    I always feel that it is not good to be sued to the court, but in fact, it is nothing, it is normal for traffic accidents to be sued in the court, don't worry, there is no bad impact.

    He sued, and after the court accepted it, it will be 30-60 days**, and your insurance company will be listed as the second defendant when he sues. At that time, the court will complete the trial, issue a verdict, and reject his request.

  2. Anonymous users2024-02-06

    Let's negotiate a solution!

    There is a precedent for this situation, one party is fully responsible, and the other party does not forgive and asks to bear the depreciation loss!

    When you meet this kind of person, you can only admit it, because if you start a lawsuit, you will also lose!

    Although the other party's request is supported by the law, however, he can't let his lion open his mouth, appropriate compensation can be, if he wants too much, then let him sue in court!

    Driving is risky, so be careful on the road! Let's have a snack in the future!

  3. Anonymous users2024-02-05

    Depreciation expenses are not covered by insurance claims and must be sued in court, and some courts have support for depreciation expenses.

  4. Anonymous users2024-02-04

    If your car is complete, you can call the police and the traffic police will deal with it, and I believe the result will be fair. If you have a problem with the formalities, it is best to solve it privately, otherwise the trouble will be even greater.

  5. Anonymous users2024-02-03

    You're fully responsible, so there's nothing to say.

  6. Anonymous users2024-02-02

    You don't understand depreciation expenses properly. Depreciation refers to a form of deduction in the form of value in the process of use efficiency due to the objective wear and tear of equipment in the process of mechanical use, and the loss of a new car caused by traffic accidents causes discomfort after repair. I was distressed after the new car was hit, but the use value did not diminish after repairing it.

    When a car is sold, the expected sale value is bound to decrease, which is not the concept of depreciation.

    Legal analysis. Vehicle depreciation cannot be claimed. Depreciation expense is caused by being used for too long.

    However, you can claim compensation for lost time, etc. Vehicle depreciation is the financial performance of a vehicle's investment**. It is to withdraw a certain amount of money every year to update the vehicles to maintain transportation reproduction.

    Other expenses such as lost work expenses and transportation expenses can be claimed. If the depreciation cost of the accident car after repair reaches more than 30,000 yuan, it can be calculated according to the maintenance cost. Full responsibility shall bear all losses of the other party, including towing fees, parking fees, maintenance fees, etc.

    If there is a person ** who causes death, he may be investigated for criminal responsibility according to the circumstances. According to the relevant provisions of the Road Traffic Law, the crime of causing a traffic accident may be sentenced, and civil compensation, moral compensation, etc. may be attached. If there is only injury, it is hospitalization expenses, escort expenses, nutrition expenses, transportation expenses, lost work expenses, etc.

    The insurance company should reimburse for lost time expenses incurred during the repair period. However, lost time pay must refer to the actual expenses incurred, not the conceptual costs. For example, if a taxi is hit and needs to be repaired for two days, and the owner cannot go out to work and do business during these two days, he can ask the other party to compensate for lost work expenses.

    But not as much as the host wanted to say. Generally, cities will have an average compensation rate. For example, if you need to take a taxi because it cannot be used for repairs, you will be reimbursed according to the actual taxi or bus bill, while the truck will be reimbursed according to the actual rental cost due to the inability to deliver.

    There is no clear provision in the law as to whether the repair of the accident vehicle should be paid in advance and then reimbursed, or whether the other party should settle directly with the repair shop. In reality, the other party is generally fully responsible, and the other party directly pays for the repair, and then he takes it for reimbursement. If the other party refuses to do so, it is really annoying, and it may be easy to be "blackmailed" to talk to him.

    Legal basis. Article 74 of the Road Traffic Safety Law of the People's Republic of China provides that in the event of a dispute over compensation for traffic accidents, 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.

  7. Anonymous users2024-02-01

    If it is a traffic accident compensation, according to the relevant laws and regulations, there is no such thing as depreciation of vehicles or other property, and it is generally only the cost of repair.

  8. Anonymous users2024-01-31

    The other party is fully responsible, how can he pay for depreciation? Isn't it easy to ask him to pay for depreciation? Just tell him. He needs to accompany the depreciation expense.

  9. Anonymous users2024-01-30

    Insurance only pays for the direct loss of the vehicle, and no matter how good the vehicle is repaired after the accident, the vehicle will still depreciate, but this loss is not in the scope of compensation and judgment, and the specific loss is difficult to determine. 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.

  10. Anonymous users2024-01-29

    The depreciation cost of the vehicle also depends on the service life of the vehicle, the degree of damage caused by the accident, and the depreciation rate of the vehicle itself, etc., to determine whether the depreciation compensation can be obtained, and the specific amount will vary.

    Therefore, when there is a traffic accident with large vehicle losses, and the depreciation cost is claimed from the other party, you can ask the relevant authoritative second-hand car appraisal agency to conduct an assessment, and then negotiate or go to the court for judgment, and the evaluation result will be recognized by the court.

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