Do I have to compensate for the damage?

Damages do not necessarily have to be compensated. In traffic accidents, generally only the direct losses of the vehicle owner are compensated, and the damage to the vehicle is not considered a direct loss. Damage expenses are indirect losses and cannot be clearly identified and identified in practice. According to our country's current laws, it is difficult to obtain legal support for claiming compensation for damages. After a vehicle is involved in a collision, there is the issue of diminished value that is the direct cause of the traffic accident rather than natural use and wear and tear.

The claim for depreciation compensation is likely to be supported by the court if the loss meets the following conditions:

1. The party requesting compensation has no fault or a relatively low fault in the traffic accident. (No liability or secondary liability)

2. The damaged vehicle should be a new vehicle with a younger age, generally no more than 2 years old.

People who claim depreciation fees for new cars for sale can generally get support from the court, and vehicles that have been on the road for one to two years can also fight for it. Although old cars may also depreciate, they depreciate less than cars after damage, and there are natural depreciation factors due to long-term use, so it is difficult to identify the specific value of the depreciation. Therefore, the vehicle depreciation fee for used cars is very high. difficulty.

3. The vehicle damage caused by the accident must be very serious, and key components must be damaged.

If the car is only slightly damaged such as a simple scratch, the car can basically be completely restored to normal after repair, and there will be no hidden dangers in subsequent use. Very serious car damage, even after repairs, will affect the quality and performance of the vehicle, and its durability and safe driving will also be reduced, so it is possible to claim losses from depreciation of the vehicle.

4. The loss of the vehicle involved in the accident must be appraised by the relevant price or appraisal agency, and the depreciation rate and amount must be determined.

5. It is best if there is intention to sell or has been sold in good faith.

Although this is not a necessary condition, after all, the loss of vehicle depreciation we are talking about can only be clearly reflected in the sale, and the economic and property losses of the owner can be clearly and appreciably known to everyone, especially The judge knows, so the possibility of getting support from the court will increase accordingly.

How to calculate depreciation expenses in traffic accidents

1. The cost of repairing the damaged vehicle, the loss of items contained in the vehicle, and the cost of vehicle rescue;

2. Because the vehicle is lost or cannot be repaired, the replacement cost of the vehicle is equivalent to the value of the damaged vehicle at the time of the traffic accident;

3. Vehicles engaged in business activities such as cargo transportation and passenger transportation in accordance with the law, Reasonable outage losses caused by the inability to engage in corresponding business activities;

4. Reasonable expenses incurred by ordinary alternative means of transportation due to non-operating vehicles being unable to continue to be used.

Will I go to jail if I am unable to compensate for a traffic accident?

1. I will not necessarily go to jail if I am unable to compensate for a traffic accident. If it only involves civil compensation and does not violate the provisions of criminal laws, then Generally, you will not go to jail, but you will be restricted from spending too much.

2. If the person subject to execution is a natural person and after taking measures to restrict consumption, he shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work:

(1) Taking transportation When traveling, choose second-class or above cabins on airplanes, trains, or ships;

(2) Make high-end purchases in star-rated hotels, hotels, golf courses and other places;

(3) Purchase real estate or newly build, expand or high-end decorated houses;

(4) Leasing high-end office buildings, hotels, apartments and other places for office work;

(5) Purchase non-essential vehicles for business operations;

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(6) Traveling and vacationing;

(7) Children attending high-fee private schools;

(8) Paying high premiums to purchase insurance financial products;

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(9) Take all seats on G-EMU trains, first-class or above seats on other EMU trains, and other consumption behaviors that are not necessary for life and work.

If the person subject to execution is an entity, after consumption restriction measures are taken, the person subject to execution and his legal representative, principal person in charge, persons directly responsible for affecting debt performance, and actual controller shall not implement the provisions of the preceding paragraph. Behavior. If you use your personal property to carry out the acts specified in the preceding paragraph for private consumption, you may apply to the enforcement court.

If the execution court review is true, it should be allowed

Although the vehicle will suffer a certain amount of damage after the traffic accident, because the damage fee is a virtual loss, the damage fee proposed by the victim Compensation is usually not supported. Of course, if you really want to receive such compensation, you can submit a request for appraisal of the vehicle's lost value after the accident with relevant materials.

Legal basis

"People's Republic of China and Civil Code"

Article 1182: Infringement of the personal rights and interests of others causing property losses , compensation shall be based on the losses suffered by the infringed party or the benefits obtained by the infringer; it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer. If the infringed party and the infringer disagree on the amount of compensation, they shall submit to the People's Court If a lawsuit is filed, the people's court shall determine the amount of compensation based on the actual situation.

Article 1,184 If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.