After a vehicle traffic accident has been damaged, the lighter will be repaired for three or five days, and the heavy ones will take a long time. Taxi rides outside the car, who should bear the cost of car rental, and often have different opinions. Many car rental fees are regarded as indirect losses. The parties responsible assume that the insurance only compensates for direct losses. Recently, Chongqing City Second Intermediate People's Court heard a case of compensation for traffic accidents, which responded to this: In the period of maintenance of the damaged vehicle, the rental fee for the rental car is a direct loss, and the responsible party should compensate. Moreover, the cost of car rental, insurance companies have to pay.
On the afternoon of May 13, 2012, Mr. He, who lives in Wanzhou, drove a small car and traveled along the Wan'an Bridge to the intersection of an alley along Beishan Avenue. He collided with the car that Mr. Zou drove and damaged the two vehicles. Five passengers were on board. Injured. Wanzhou traffic patrol rushed to the scene and the investigation identified Mr. He’s responsibility for the accident.
Subsequently, Mr. Zou’s car was taken to a garage. At that time, the maintenance staff told Mr. Zou that the damaged vehicle would take one month to fully repair. In light of this, Mr. Zou spent more than 4,000 yuan on a car when he considered that his business needed more vehicles.
After recovering from his injuries, Mr. Zou repeatedly asked Mr. He to negotiate on compensation. However, due to the differences in opinions between the two sides, they failed to reach an agreement. Mr. Zou filed a lawsuit against Mr. Ho and the insurance company to court and claimed the rental fee.
Mr. Ho said that he had no objection to the division of traffic accidents and responsibilities. Even if he had to pay compensation, the insurance company should be responsible for it. However, he did not recognize the rental fee proposed by Mr. Zou.
The insurance company believes that the rental fee is an indirect loss and does not fall within the scope of the insurance company's compensation. If it does require compensation, it should be borne by the owner of the accident.
The Wanzhou District Court held that after Mr. He had driven the vehicle, Mr. Zou was injured and was fully responsible for the accident. Mr. Zou should be compensated. The accident vehicle has insured the compulsory insurance and commercial insurance, and the insurance company should compensate within the limit of liability. Since Mr. Zou did not produce the corresponding invoice, taking into account the basic conditions for the use of public transport in Wanzhou, the court determined that the rental fee was 1,200 yuan.
The insurance company refused to accept the verdict and appealed to Chongqing No. 2 Intermediate People's Court on the grounds that the 1,200-yuan car rental fee was an indirect loss and was not covered by the insurance compensation.
After the trial of the court of second instance, it was held that Mr. Zou’s vehicle was rented during the repair of the vehicle. The car rental fees incurred were reasonable and reasonable. The cost of more than 4,000 yuan did not comply with Wanzhou’s local conditions, and 1200 yuan was appropriate as appropriate. This fee was not an indirect loss but rather belonged to this. Direct loss of a traffic accident.
Based on this, the court of second instance made a dismissal of the appeal and upheld the final verdict.
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