Vehicle during the rental car charge compensation[Case] in June 2009, a car accidentally Xie a delivery van collided with a traffic accident, determined by the traffic police inspector Liu bear full responsibility for the accident. In the mediation process, Xie claimed fare is 27,000 yuan and repairs during the rental fee of 5000 Yuan. But Liu finds that rental is an indirect loss, it does not agree to compensate. Because it cannot reach a mediation, Liu to court.
[Comment] the focus of the dispute in the present case is 5000 rental car costs incurred during repair, should be compensated? Losses caused by traffic accidents have not only the direct loss, including indirect losses due to property direct loss. By common sense, indirect losses which can be attributed to reasons the fact that the victim of the offender or has been reduced or loss of interest. Such as trading vehicles during the outage caused by the trading losses. Whether compensation for indirect loss, there are different interpretations. Are for so, Supreme People's Court in 5, Supreme People's Court on traffic accident in the of property loss whether including was loss vehicles stopped shipped loss problem of reply in the clear pointed out that: "in traffic accident damage compensation case in the, if victims to was loss vehicles are for goods transport or passenger transport business activities for by, requirements compensation was loss vehicles repair during of stopped shipped loss of, traffic accident responsibility who should be compensation. "Non-operating vehicle due to outages caused by traffic accidents, during the repair period, losses due to cannot use the car should also assert their rights, sought compensation from the persons responsible for traffic accidents. This is a traffic accident compensation for indirect losses ascertained. Meanwhile, Shanghai Municipal higher people's Court also has provisions for the additional reasonable costs incurred by rental car, can be supported.
Finally, the Court considered Xie a driving goods vehicles used for business activities, in order to ensure normal travel and hiring of vehicles before the accident and there is nothing wrong with car rental is indeed caused by a traffic accident, is actually necessary expenditures of a reasonable fee. Finally, the Court found the accused plaintiffs fare is 27,000 yuan of compensation, while defendant damages the plaintiffs car rental fee of 5000 Yuan.