" wonderful case unscrambles male lawyer 500 "
[brief introduction of details of a case] recently, summary attorney office received Zhejiang hero to seek advice together, when party mirrors his to just buy the new car that is less than a month to drive on urban road with barge against of a car, cause car to be damaged badly. Vehicle of cause trouble car advocate compensated for overall traffic to repair charge, after but he thinks,new car is bumped into although already repair, but real value can be affected for certain accordingly, but the other side is not willing to pay however, still say law does not have a regulation, because this wants the other side to compensate for car to devalue,expend, prepare to lodge a complaint.
[male lawyer is unscrambled] Zhejiang is male summary attorney office is presiding Guo Li of chief, director's lawyer thinks, according to the relevant provision of general principles of our country civil code, of attaint country, collective belongings or of other belongings, ought to restorable or compensation of convert into money, restorable with compensation the loss is two kinds of different civil liability kind, relief purpose is not same, restorable it is to will harm the state when restoring to was not damaged. But, once belongings is damaged, restorable be difficulty actually, cannot make original state restores completely below most circumstance, meet more or less the property after existence is restorable is real value loss. Since return existence loss, person of do harm to is about to assume liability to pay compensation. Should use restorable means to relieve only damage and did not make the loss receives total compensation, person of do harm to ought to assume compensatory losing responsibility. Because this is restorable,with compensation the loss cannot be replaced each other, can use below special situation. If the car of this party is bumped into, caused car to be damaged on one hand, need undertakes repairing with restorable; Additional on one hand, because car is bumped into, although already repair, but go up in real value, did not produce preaccident to be affected than Yu Yuan, the loss of this part also attributes immediate loss. These two kinds are damaged exist between fact and enroach on behavior causal, because this should receive compensation lawfully.
But what should remind is, in to lodge a complaint when, the tort action that should confirm the other side above all and reader car reduce a cost have between the loss causal. Although existence is decreased,be worth a loss occasionally, but because the tort behavior place of the other side is caused,not be, also cannot maintain the content that is compensation. If be put in the reason of two above to cause the losing that reduce a cost, if party is bumped into to car,the happening of the accident also has due responsibility, perhaps the 3rd person also is maintained to the happening of the accident responsible, still ought to decide loss amount and the liability to pay compensation that respective place should assume according to each square responsibility size so.
Next, in to lodge a complaint when the loss reducing a cost that must provide corresponding evidence to prove car. The simple estimation that car repairs a branch is to not agree with of the requirement that lawful law verify occupies, because this proposal party files the price,evaluate an orgnaization to undertake to the value of car be evaluated formally or appraisal. The assessment of appraisal orgnaization or the restriction that appraisal has morality of program of strict professional qualification, work, profession to wait, it is more scientific, the simple estimation that compares average person should have evidential effectiveness more. If the other side evaluates the appraisal conclusion that the orgnaization makes to do not have demur to precatory of party proper motion, the court can collect a letter, if of demur of the other side, the court also has authority to choose appraisal orgnaization to undertake new appraisal perhaps is evaluated additionally, define amount of loss with this.
Finally, what Guo Li's lawyer wants to remind party is, although be based on afore-mentioned analysises, car decreases value loss to be in civil code is theoretic ought to get compensatory viewpoint is establish, but losing compensation is worth to exist however to decreasing in practice controversy, top people court " statute of comfortable use of case of damages of accident of cognizance road transportation the explanation of a certain number of problems " the 15th in decrease value losing to compensate for to car and did not set clearly, but to this " explanation " " understanding and applicable " it is to be opposite again inside one book compensation of the losing that reduce a cost did relevant specification, those who think the day that delivering make trouble reason buys time to did not exceed 6 months is new purchase car and produce more serious traffic accident to bring about crucial part to be damaged cannot it is OK that repair is like the car first seek redress reduces value loss. Whether does final court support compensation of the losing that reduce a cost so, still want particular case concrete analysis, cut a quantity into parts to be with become effective court decision according to the freedom of details of a case and judge accurate.
(male lawyer: Guo Li's lawyer, zhejiang is male summary attorney office is presiding chief, director)
