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"Car devalues loss " the legal basis of claim for compensation
From;    Author:Stand originally

Court of area of Tianjin city peace adjudicated recently: The cause trouble person that is in charge of traffic accident complete is in compensated for after repairing cost, traffic cost, need to compensate for accuser car advocate " car devalues loss " 35 thousand yuan.

This year on Feburary 16 before dawn, zhang Mou drives a little passenger car is putting Yang Mou park the Ma Zida inside car field the car is left bump into caustic. The accident is maintained via joining tubal department, zhang Mou suffers an accident total liability. Via making a valve the branch is mediated, zhang Mou pays to trim fare and traffic cost entirely to Yang Mou. A few days ago, yang Mou to lodge a complaint, serve a court Zhang Mou, among them project of main claim for compensation is " car devalues loss " .
The court entrusts center of attestation of price of area of Tianjin city peace to undertake assessment appraisal, appraisal conclusion is by appraisal car devalue actually loss cost is 35 thousand yuan, sui makes as above court decision.

Legal analysis:

Home of this kind of court decision has appeared for many times, accuser asks " car devalues loss " the law can be occupied, the maintenance with forensic very good court decision the legitimate rights and interests of accuser.

Because traffic thing brings about belongings losing so, it is a kind of tort in fact, accuser can be united in wedlock " civil code general rule " the 106th " citizen, legal person because of country of fault enroach on, collective belongings, of belongings of enroach on other, person, ought to assume civil responsibility " with the 117th " of attaint country, collective belongings or of other belongings, ought to restorable or convert into money is compensated for " regulation, requirement the accused presses its fault degree to undertake compensatory to the cost with this restorable car, branch of the traffic in this case has maintained Zhang Ming to assume complete duty, yang Jun of the accuser in maintaining this case actually namely is nonexistent fault, the accused ought to assume accuser the total loss in this incident, include immediate loss and indirect loss.

So the focus of this case controversy depends on " car devalues loss " whether be accuser the loss with second traffic here medium accident, the damage car of the accuser in this case is the new car of malcontent half an year, although already got repairing, but the property that restores completely very hard however to be had to preaccident place, security, cannot reach the level when leaving factory more, apparent, the objective existence that this function derogates, it is the immediate cause of this compensation, and this is derogated is the specific number that undertakes the money is changed, it is center of attestation of price of forensic place precatory undertake evaluate appraisal, accordingly, the forensic cognizance to this case, court decision, the process is hypostatic and lawful, legal.
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