Busiyi, the incredible custom T-shirt expert right by your side. After a car accident, don't forget to claim the "vehicle emotional distress fee" and vehicle depreciation fee. In a traffic accident lawsuit case that occurred in Changzhou, the plaintiff claimed 37,300 yuan for vehicle depreciation fees. However, vehicle depreciation fees are not covered by insurance companies for compensation. The court ruled in favor of the plaintiff's claim, and they have already received compensation from the responsible party. Therefore, relevant parties remind: after an accident, don't forget to claim the vehicle depreciation fee. Vehicles also have "emotional distress fees." After obtaining repair costs, continue to claim the vehicle depreciation fee.
At around 15:28 on December 28, 2009, a truck collided with a sedan at the Tongjiang intersection of Provincial Road 338 in Chunjiang Town, Changzhou, causing damage to both vehicles. On January 6, 2010, the Xinbei District Traffic Police Brigade of the Changzhou Public Security Bureau issued a road traffic accident determination letter, determining that the truck driver was fully responsible for the accident, while the sedan driver had no responsibility.
The sedan was sent to an auto repair shop for repairs, costing the owner Liu Mou 114,800 yuan (1,200 yuan for vehicle window film); however, the truck owner Li Mou only paid Liu Mou 50,000 yuan. For other expenses, Li Mou did not pay.
To protect his legitimate rights and interests, Liu Mou sued Li Mou in court in May 2010, adding a new claim for indirect losses, including 50,000 yuan for vehicle depreciation fees. What exactly is the vehicle depreciation fee? It is introduced that when a vehicle is damaged in a traffic accident, the responsible party usually bears the cost of repairing the vehicle. In reality, the value of the repaired vehicle is less than before the accident. This kind of "intangible loss" is also referred to in the industry as "vehicle emotional distress fee."
According to the application by Liu Mou, professional appraisers from a Changzhou automobile sales service company issued a vehicle condition assessment form and evaluation conclusion, proving that Liu Mou's sedan, after normal depreciation without the accident, was worth 200,000 yuan, but after being damaged in the accident, its value was only 150,000 yuan. Clearly, Liu Mou's sedan suffered a depreciation loss of 50,000 yuan due to the accident.
It is understood that this is a rare dispute case, a "new type of litigation," and many people have not heard of "vehicle depreciation fees." The Xinbei Court of Changzhou accepted the case on May 19, 2010, and held multiple hearings.
Reason: Repaired 140 items, still depreciated even after repair. "Do not recognize the depreciation loss in the appraisal conclusion; the vehicle has not been traded." Truck owner Li Mou argued in court that he should not bear the depreciation loss fee. The insurance company where the truck was insured also refused to compensate for this fee, citing a simple reason: "Vehicle depreciation loss belongs to indirect loss."
Liu Mou believed that his sedan underwent over 140 repairs, including replacing left and right rear longitudinal beams, rear panel, roof side beam, roof reinforcement plate, etc., with repair costs reaching one-third of the original purchase price. Furthermore, reshaping repairs led to a certain degree of decline in vehicle handling and safety. Re-welding technology is inferior to the original factory welding, assembly technology, and standards. The overall quality of the vehicle cannot be restored to the original factory standard. "The court recognized based on evidence provided by Liu Mou that the truck owner should compensate for the vehicle depreciation fee."
For fairness, the court commissioned relevant professional institutions to scientifically appraise Liu Mou's vehicle depreciation loss. On January 10, 2011, the Changzhou Price Certification Center determined the depreciation loss to be 37,300 yuan according to the court's commission.
In April 2011, the Xinbei Court ruled that the insurance company where the truck was insured would compensate Liu Mou 2,000 yuan for vehicle loss within the property damage compensation limit of compulsory traffic insurance. The remaining amount, including the vehicle depreciation fee, totaling 150,100 yuan, would be compensated by Li Mou, deducting the already paid 50,000 yuan, leaving another 100,100 yuan to be compensated. Currently, the case has been executed, and Liu Mou has already received all compensation.
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