In the event of a traffic accident damage to the vehicle, can the owner claim compensation for the cost of alternative transportation by renting a luxury car to commute to work during the maintenance period? Are all alternative transportation expenses reimbursed?
01
Brief facts of the case
In October 2023, Peng and Yu's cars collided, and their vehicles were damaged. According to the traffic police department, Yu bears full responsibility for the accident. Yu's vehicle has compulsory motor vehicle insurance, and has purchased an additional motor vehicle commercial third-party insurance with an insurance amount of 3 million yuan.
After the accident, Peng's vehicle was repaired in the repair shop, resulting in a maintenance fee of 33,981 yuan, and the insurance company has compensated 2,000 yuan within the liability limit of the compulsory traffic insurance. Peng applied for a third-party assessment, and the assessment results showed that the maintenance cost of the vehicle loss was exactly 33,981 yuan. In order not to affect daily travel, Peng rented a Volkswagen Touareg from November 13, with a daily rent of 550 yuan, a total of 10 days, and a total rent of 5,500 yuan.
Peng filed a lawsuit with the court, demanding that Yu and the insurance company jointly compensate 31,981 yuan for vehicle repair, 5,500 yuan for car rental, and 2,800 yuan for appraisal fees.
02
Heard by the courts
After trial, the Zhijiang Court held that the infringing party should bear the property losses in accordance with the law for the reasonable transportation substitute expenses arising from the inability to use the non-commercial vehicles due to traffic accidents. However, the insurance company bears vicarious liability, and the scope of compensation shall be in accordance with the mandatory provisions of compulsory liability insurance and the commercial insurance contract. Specifically, in this case, the commercial insurance clause clearly stated that indirect losses caused by suspension of business, suspension of driving, etc. would not be compensated, and the car rental fee was of this type, and Yu had signed to confirm that he was aware of the exemption at the time of insurance. Although the rental evidence submitted by Peng proved the fact that the cost of alternative means of transportation was committed, the cost of 5,500 yuan was obviously too high and beyond a reasonable range, and the court upheld 2,000 yuan at its discretion, and the cost was borne by Yu.
In the end, the court ruled that the insurance company should compensate Peng for the economic losses caused by the traffic accident of 34,781 yuan, and Yu should compensate Peng 2,000 yuan.
03
What the judge said
1. What are the reasonable costs of alternative transportation?
Taking a means of transportation, taking a taxi, renting a car, etc., are all alternative means of transportation, but the judicial interpretation clearly stipulates that only "reasonable expenses of ordinary alternative means of transportation" can be compensated. So, how does a judge measure "reasonable"?
First of all, the purpose of use is for daily transportation needs. Non-operating vehicles are generally private cars, which are used for commuting, picking up and dropping off children, going out shopping, etc., and self-driving travel is not included in the list of daily transportation.
Second, the choice of alternative means of transport should be reasonable. Public transport and taxis are often considered reasonable alternative modes of transportation.
Thirdly, if the maintenance time is long and the demand for the vehicle is high, you can also choose to rent the vehicle. However, the purpose of renting a vehicle is to travel, so the type of rental should be an ordinary car, while renting a high-end vehicle does not meet reasonable requirements.
2. What period of time is the cost of alternative transportation compensated?
From the date of the accident to the date of completion of the vehicle's maintenance and delivery, the cost of alternative means of transportation incurred during the period shall be supported.
In reality, it is not uncommon for vehicles to be repaired due to maintenance fee disputes. As the injured party, it should urge the insurance company to assess the damage as soon as possible, and in the case of a large dispute over the repair fee, the injured party should speed up the litigation as soon as possible and entrust an appraisal agency to conduct an assessment, so as not to delay the time and expand the loss. If the loss is increased due to the injured party's own fault such as refusing the insurance company's damage assessment, delaying the delivery of the vehicle for repair, or delaying the delivery of the vehicle after the completion of the repair, the cost of alternative transportation during the period cannot be recognized as a reasonable expense.
3. Who will pay for alternative transportation?
After a traffic accident occurs, the parties may sue both the infringer and the insurance company of the vehicle involved. The cost of alternative transportation is not covered by compulsory traffic insurance, and whether or not it can be compensated by commercial insurance also depends on the situation. Sometimes, the insurance company refuses to pay compensation on the grounds that the clause stipulates that "consequential losses are excluded from liability". At this time, it is necessary to determine whether the insurance company has made a reminder to the policyholder about the part of the exemption from liability. If the insurance company fulfills its obligation to prompt and explain, the cost of the alternative means of transportation shall be compensated by the infringer; If the insurance company fails to fulfill its obligation to prompt and explain, the commercial insurance company shall compensate for it. Therefore, as the injured party, in order to prevent the indemnity parties from passing the buck to each other, it is recommended to claim rights against both the infringer and the insurance company.
04
Judge reminds
1. After the accident, the injured person should actively negotiate and communicate with the vehicle maintenance to ensure that the damaged vehicle is repaired and put into life as soon as possible, so as to reduce the number of days of application of alternative means of transportation.
2. When taking public transportation or taking a taxi, the corresponding ticket should be provided and the purpose of use should be explained, such as commuting to and from work, picking up and dropping off children, etc.
3. If you rent a vehicle, you should rent a vehicle from a legal and regular car rental company, sign a written rental contract, carefully read the terms of the contract, and provide the rental fee payment voucher and its corresponding invoice.
4. Regarding the "reasonable period", the certificate of the number of days of detention issued by the traffic police department to deal with the traffic accident and the certificate of the date of entry and departure issued by the maintenance organization of the vehicle must be provided to prove the reasonable maintenance time.
Author: Wu Juejue of Zhijiang Municipal People's Court