论文部分内容阅读
汽车贬值损失的本质,在于人们对风险的厌恶心理,使得交易市场对事故车可能存在隐藏瑕疵或致损风险产生消极评价,由此导致涉事汽车在交易市场上较正常价格更低。就此而言,贬值损失是受害人因交通事故所遭受的客观财产损害,符合相当性要求,应予赔偿。在认定贬值损失赔偿时,须存在相关交易市场,但不以实际出售或出售意图为必要;当然,其受致损程度、行驶年限及里程等因素限定。贬值损失的计算,以涉事车辆是否实际出售,分为具体与抽象两种;在未实际出售的抽象计算情形,应通过司法鉴定,结合各相关因素综合认定贬值损失大小。在损失分担上,交强险不包含汽车贬值损失赔偿;在加害人有商业第三者责任险情形,保险人对贬值损失预先拟定的免责条款应尽说明义务,否则仍须承担贬值损失赔偿义务。说明义务是否履行,应从说明内容与说明方式两方面进行认定。
The essence of the depreciation of a car is the people’s dislike mentality of risk, which makes the market negatively evaluate the possibility of hidden defects or risk of damage caused by a car accident. As a result, the cars involved in the car market are lower than normal in the trading market. In this regard, the devaluation loss is the objective property damage suffered by the victim as a result of an accident and is compensable in accordance with the requirement of comparability. In determining the compensation for loss of devaluation, there must be a relevant trading market, but not the actual intention to sell or sell is necessary; of course, subject to degree of damage, driving duration and mileage and other factors. The calculation of devaluation losses is based on whether the vehicles actually involved in the sale are classified into two types: concrete and abstraction. In the case of abstraction not actually sold, the size of devaluation loss should be comprehensively determined through judicial expertise and various relevant factors. In the share of the loss, to pay strong insurance does not include compensation for the devaluation of the car; the perpetrators have a commercial third party liability insurance, the insurer devaluation loss pre-set exemption clause should be explained, otherwise still bear the obligation of devaluation of the loss of compensation. Explain whether the obligation is fulfilled, and should be determined from both the description and the explanation.