Source: Shanghai News Broadcasting
Recently, Mr. Wang of Hangzhou took his 14-year-old son to a supermarket in Shangcheng District and planned to drive home from the underground garage. Unexpectedly, one of his children's actions caused an accident.
Mr. Wang posted a post for help, and a 29 second monitoring screen he released showed that at the fourth second, Mr. Wang's son walked to the shopping cart beside him, turned into the cart and started shaking, then jumped off the cart and turned away, while the damaged vehicle was just behind.
"There are many shopping carts used by others in the garage. He just wants to gather the carts together. It will be easier for us to drive out," Mr. Wang explained.
Mr. Wang's son turned into the shopping cart and shook
Mr. Wang said that he did not notice the damage to the car body at the time of the incident. After taking the children home, he received a call from the traffic police department. "Then, the owner called to say that the maintenance cost would be 3500 yuan, and asked me whether it was public or private..." Mr. Wang said.
After watching the on-site monitoring video, Mr. Wang admitted that it was the child's problem, but in terms of maintenance compensation, he was only willing to bear the maintenance cost of about 1000 yuan : "I admit that the problem is caused by the children shaking the shopping cart, but from the monitoring video, it is only a slight encounter, which should not be serious, The problem can be solved with hundreds of yuan 。 The other party assessed the loss at the 4S store, Ask for 3500 yuan maintenance fee, It's a bit exaggerated! ”
The reporter also contacted Ms. Wang, the owner of the car. The damaged car was a 2019 Mercedes Benz E300L (luxury sports car). Ms. Wang said, "How could he complain? It's really a villain who first complained!"
The cart met Ms. Wang's Mercedes Benz
According to Ms. Wang, after the incident, she called the police and obtained the scene monitoring pictures. Unexpectedly“ Parents not only didn't apologize, but also questioned the traffic police 'This is a civil dispute. Do the traffic police have the right to enforce the law?'. After that, He hacked my phone and the police's phone! ”
How damaged is the vehicle? Ms. Wang said, "On the body of the driver's rear door, There are 4 obvious spot scratches 。 Among them, 3 points were knocked off the paint, and one point was sunken. The sunken area was about the size of the thumb nail cover, and the depth was about 2mm. At present, I have found a 4S store to assess the loss, and the maintenance fee is 3344 yuan. "
There are four obvious dotted scratches on Ms. Wang's car
Hangzhou Zhongsheng Star Auto Sales Service Co., Ltd. was responsible for the repair and valuation of Ms. Wang's damaged vehicle. The relevant person in charge said that the quotation was normal.
Maintenance estimate given by the 4S store
Is the fixed loss maintenance price of 3344 yuan too high? The reporter contacted several other Mercedes Benz 4S stores in Hangzhou and got all the replies "Normal price".
Several 4S stores said that the maintenance price was a normal quotation
For this kind of damage, what about the quotation from the third-party repair shop? The reporter consulted a number of technicians, and someone said "The total price of 1500 yuan can be repaired", Others believe that "The price quoted by the 4S store is also reasonable".
The third party said that the price could be cheaper, but the 4S store's offer was also reasonable
Many netizens also said:
3500 yuan is reasonable
The picture is a screenshot of netizen comments
Many netizens said:
Losing money is small, educating children is big
Many netizens said that Mr. Wang should set an example for children
Lawyer Ling Bin said:
“ Mr. Wang's child caused vehicle damage, According to the law, compensation must be made, As for the amount of compensation, if the two parties cannot reach an agreement, they can ask a third-party assessment company to further assess the loss, and litigation through the people's court is also a reasonable way to safeguard rights. "
Shanghai News Broadcasting Integrated Self service Network, Hangzhou Traffic 918
Extended Reading
The owner of a Honda car that was hit will pay 300 yuan to rent a BMW every day during the maintenance period
Li, a man driving a Honda, was hit. During the maintenance period, he rented a "BMW" car for 14700 yuan to go to and from work, and asked the person who was fully responsible for the accident to bear the cost. Will the court support this? The Hunan High Court recently announced this case.
A man's Honda was hit, and he spent 300 yuan a day renting a BMW to replace it for nearly two months
In July 2023, the vehicle driven by Mr. Wang collided with the vehicle driven by Mr. Li because it did not keep to the right when meeting. According to the public security traffic control department, Mr. Wang is fully responsible.
The damage of Mr. Li's vehicle (source: Hunan High Court)
Since the vehicle maintenance took nearly two months, Mr. Li spent 14700 yuan to rent a BMW due to the inconvenience of getting off work during this period. The photos released by the court showed that the car hit by Li was a Honda.
During the trial, Mr. Wang applied for additional insurance company as the defendant and believed that the insurance company should compensate.
The insurance company believes that the insurance company has already paid for vehicle maintenance. The two expenses claimed in this case are indirect losses, which should not be borne by the insurance company according to the insurance terms; The insurance company has fulfilled the obligation of prompt and explanation.
The People's Court of Taoyuan County held that Mr. Wang was fully responsible for the accident. Although Mr. Wang believed that the loss should be compensated by the insurance company, he had received the statement of exemption matters from the insurance company and signed it. The insurance company had fulfilled the obligation to remind and explain the part of its exemption, so Mr. Wang should be responsible for the reasonable loss of Mr. Li.
The depreciation loss of the crashed vehicle. According to relevant regulations, only in a few special and extreme cases can appropriate compensation be considered for vehicle depreciation losses. In this case, Mr. Li's vehicle has been purchased for nearly a year and has driven more than 10000 kilometers, which is not a new vehicle and does not conform to the above situation. We did not support Mr. Li's claim for the loss of vehicle depreciation.
The picture shows the damaged vehicle, which will take nearly two months to repair (source: Hunan High Court)
About the cost of alternative transportation. According to the relevant judicial interpretation, if the non operating vehicles cannot be used any more due to traffic accidents, the reasonable expenses of the alternative means of transportation shall be compensated by the infringer. Since Mr. Wang was fully responsible for the accident, the vehicle maintenance period brought inconvenience to Mr. Li's life, which resulted in alternative transportation costs. The calculation of this cost should follow the principle of rationality and necessity. The court, taking into account the value of the vehicle in the accident and the daily travel needs of the vehicle users, decided that Mr. Wang should calculate the cost at the standard of 100 yuan/day.
Finally, the court ordered Mr. Wang to compensate Mr. Li for the cost of alternative transportation of 6100 yuan; Reject Li's other claims. After the judgment was pronounced, neither party appealed, and the judgment has now come into force.
The judge said that it was unreasonable to rent a high-end car as a substitute
What is an alternative means of transport?
After a traffic accident, the owner of a non operating vehicle cannot use it, so he has no vehicle to use in his daily life. At this time, the owner may incur costs related to taking public transport, renting a car or taking a taxi, which belongs to the loss of alternative transport.
Can all alternative transportation be compensated?
Lease Contract (source: Hunan High Court)
Taking public transport, renting a car and taking a taxi are all alternative means of transport. However, according to the relevant judicial interpretation, if the non operating vehicles cannot be used any more due to traffic accidents, the reasonable costs of alternative means of transport incurred shall be compensated by the infringer. The principle of reasonableness and necessity shall be followed for alternative transportation costs.
How to measure rationality and necessity? First of all, the purpose of this expense is for daily transportation needs. Non operating vehicles are generally private cars, which are used to commute to and from work, pick up and send children, etc; Secondly, it should be reasonable. Public transport and taxi are generally considered as reasonable alternative means of transport; Third, if the maintenance time is long and the demand for using the vehicle is high, you can also choose to rent a car. However, the purpose of renting a car is to take the bus, and renting a high-end car does not meet reasonable requirements.
Jimu News Comprehensive Hunan High Court, Taoyuan County People's Court
