Rental property damage are caused by traffic accidents?Vehicle was damaged in a road accident needs to be repaired, during the maintenance period, lead to cumbersome, if longer maintenance time, will affect the daily work and life. People run into such a situation, is not completely out of luck?
Suzhou, a leisure company run into this situation, selected prior to the car rental company to Charter a car as vehicles for daily work, to pay the rental fees of up to 120,000 yuan. Rental property of the traffic accident damage? Can be compensated?
Recently, the Court made a verdict on the case, and the collision sent the car damaged, during the repair period, the owners cannot continue to enjoy the benefits of using and rented vehicles, reasonable car rental costs shall be property of the traffic accident damage.
Vehicle maintenance 8 months
17th 20:35, Yuan Shenghua driving licence for Su BRE512 u-turn at the car when driving in the city of Suzhou in the prohibition to turn, collided with a licence to sue E6J030 Audi, causing snow, leisure products (Suzhou) Limited (hereinafter referred to as AO Corporation) Audi cars damaged.
Suzhou municipal Bureau of traffic accident responsibility determination of patrol police detachment, Yuan Shenghua driving cars in relation to turn turn caused the accident, should bear full responsibility for the accident.
Su Yuan Shenghua driving BRE512 car registered owner Ren Shuliang, he for the cars in China people's property insurance company, Suzhou canglang companies applied for the compulsory insurance of motor vehicles, property damage limits for 2000, insurance periods from 11th to 10th.
Snow company Audi owners, Su E6J030, purchased the car in 7th, purchase price tax total 644555.
Accident occurred Hou, proud snow, company Yu 26th put car sent to first car (Suzhou) service trade limited Faw mass Suzhou Audi 4S shop (following referred to Suzhou Audi 4S shop) maintenance, Yu 15th and the shop signed has motor vehicle maintenance contract, for the car for imports new car, domestic at lack this paragraph car of accessories, must by Faw mass from Germany ordered referred to the Suzhou Audi 4S shop, and the car for various reasons conversion set loss object (Suzhou in the insurance, and Wuxi in the insurance, and Suzhou price certification center), Maintenance for a long time, it is expected that cost 500,000 yuan.
13th end of the damaged vehicle repair.
Rent costs 120,000
Snow company just bought a 4 month new car accident repair, estimated repair time for half a year, had to temporarily lease vehicles as daily transport.
On 27th, AO company and Suzhou hengli car leasing car leasing contracts were signed, the company chartered grades to Su E59772 vehicle leases between 27th and 26th, contract months for 15000 RMB. When the lease contract expires, vehicles have not been repaired, 25th on both sides signed a 2 month car leases.
AO Corporation rental car 8 months, to leasing company paid the rental fee of 120,000 yuan.
During processing of the accident, the two sides failed to reach an agreement on compensation matters, snow's company sues to Suzhou pingjiang district people's Court, requires life insurance company, owners of the incident Ren Shuliang, driver Yuan Shenghua bear liability for property damage of the traffic accident.
Proceedings in the case, accused of snow maintenance company claims fees and car rental object.
Price certification center, Suzhou Suzhou pingjiang district people's Court entrusted to vehicle repair costs and monthly rental fees were assessed: 345000 repair costs, car rental is 12000 Yuan per month.
Decision supports a reasonable rental fee
After the Court said damages the property of others, and should be to make restitution or pay compensation.
According to the public security organs traffic accident responsibility determination, Sue BRE512 vehicles should bear full responsibility for the accident, for the loss of vehicles in snow, first by the people's insurance company in insurance property damage liability within the compensation limit of 2000, the excess by Ren Shuliang, Yuan Shenghua bear joint and several liability.
On the loss, AO, the company claims the vehicle repair costs and rental costs. Vehicle repair costs, according to Suzhou price certification center price 345000 forensic conclusions confirmation, the defendant has no objection. Disputed focus whether compensation for car rental costs.
The Court held that the collision sent the car damaged during the repair, the victim cannot continue to enjoy the benefits of using and rented vehicles, the car rental expense by marginal types of damage are translated into actual damage to property shall be used as compensation for property damage. Damaged of Su E6J030, Audi car maintenance time up 7 months, while because the car is imports new car, domestic at missing this paragraph car of accessories, must by Faw mass company from Germany ordered referred to the maintenance station; on the because proud snow, company Yu 15th and Suzhou Audi 4S shop signed motor vehicle maintenance contract, and estimates of maintenance costs for 500,000 yuan, greatly above insurance company set loss of maintenance costs and the Suzhou price certification center assessment finds of maintenance costs, Cause the car has converted three-loss object, due to the extended maintenance time for reasons not attributable to the defendant. Court, if appropriate, the defendant should compensate the 3.5 months rental fee, rental fee according to the price conclusion conclusion of the book identified as 42000 12000 Yuan/month, more than the total 387000, first by the people's insurance company 2000, exceeded insurance limits partial 385000, Ren Shuliang, Yuan Shenghua bear joint and several liability.
, The Court, in accordance with the General principles of civil law, and the provisions of the road traffic safety law, a judgment Ren Shuliang, Yuan Shenghua from the decisions jointly and severally liable for snow in the 10th after the effective date the company property 385000.
Ren Shuliang, Yuan Shenghua appealed against the first-instance judgements, to Suzhou intermediate people's Court of appeal said: snow company car rental facts cannot be determined; even car hire, car rental costs should not be borne by Ren Shuliang, and Yuan Shenghua, request the Court of second instance judgment according to law.
Suzhou intermediate people's Court heard that: in the first instance, snow to provide a car rental contract and car rental invoices of 120,000 yuan, Ren Shuliang, Yuan Shenghua did not provide evidence to the contrary, to confirm car rental facts did not actually occur, so the snow after his company vehicles damaged rental vehicle facts this Court finds.
For maintenance for a long time, during which snow company rental vehicles because of damaged vehicles cannot be used the fact that common sense. Snow as a enterprises, whose damaged vehicles usually used in business applications, the damaged car purchased after 4 months due to traffic accidents, AO, the company could not continue to enjoy the benefits of the car, leasing costs incurred by other vehicles should be as a traffic accident, property damage, borne by the responsible party namely Ren Shuliang, Yuan Shenghua. In view of the damaged vehicle repair time is too long due to a variety of factors, not all attributable to Ren Shuliang, Yuan Shenghua, the trial court discretion determined only by Ren Shuliang, Yuan Shenghua AO 3.5 months of compensation rates. Ren Shuliang, Yuan Shenghua grounds of Appeal based on inadequate, this Court will not support it. Accordingly, the appeal of Suzhou intermediate people's Court ruling rejecting Ren Shuliang, Yuan Shenghua, affirmed.