The Request for Instructions on Whether Property Losses in Traffic Accident Compensation Include Indirect Losses has been studied, and the reply is as follows:
The second and third paragraphs of Article 117 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulate: "If the property of the state or the collective or the property of others is damaged, it shall be restored to its original state or compensated at a discount." If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses.
Therefore, in the case of traffic accident damage compensation, if the victim claims that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate the loss caused by the stoppage of the damaged vehicle during the repair period.
Therefore, the indirect losses caused by traffic accidents are not all not compensated, but conditional compensation. If we only say that the taxi driver's income has decreased, many people may understand, because that is the taxi driver's net profit. In practice, we can basically and accurately determine the daily net profit of taxi drivers. Under normal circumstances, the interests of taxis are inevitable, certain and objective.
However, traffic accidents happen by accident, and the inevitable interests of taxi drivers cannot be denied because of accidental accidents, so the driver's pure profits should be compensated. With this nature, there are inevitable expenses such as road maintenance fees, insurance fees and industrial and commercial management fees. The loss of these expenses during the outage should also be compensated.
Extended data
National legal compensation standard for taxi lost time
"If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. " According to this regulation, the calculation formula of lost time fee can be expressed as:
Compensation amount for lost time = lost time income (day/month/year) × lost time.
1, on the identification of "income loss". Because of the different working conditions of the victims, the determination of income can be divided into two situations: one is how to determine the income reduced by missing work when there is a fixed income; The other is how to determine the income and the income reduced due to missed work without fixed income.
2. Determination of "lost time". The lost time fee is determined according to the certificate issued by the medical institution where the victim sees a doctor; If the victim continues to be absent from work due to injury and disability, the time of absence can be calculated to the income of the day before the date of disability.
Baidu encyclopedia-lost time fee
Baidu Encyclopedia-Reply of the Supreme People's Court on whether the property loss in traffic accidents includes the loss caused by the stopping of damaged vehicles.
Baidu Encyclopedia-General Principles of People's Republic of China (PRC) Civil Law