论“商业三者险”保险人对车辆贬值损失的赔偿问题

发布时间：2018-03-05 09:15

本文选题：车辆贬值损失赔偿　切入点：商业三者险　出处：《上海交通大学》2014年硕士论文　论文类型：学位论文

【摘要】：根据中国行业研究网公布的数据，截止到2013年底，中国汽车保有量达到了1.37亿辆，从2000年的汽车保有量1600万辆到1.37亿辆，仅仅用了13年，随着汽车业的迅猛发展，一方面是经销商、车企、保险公司、政府享受了车市迅猛发展带来的红利，另一方面也突显了一些由此带来的不利因素，比如有增无减、居高不下的交通事故，在以往的交事故当中，车主一般只要求将事故车辆修复达标即告完成，然而近几年，，随着车主维权意识的提高，越来越多地关注到自身权利的维护，发生交通事故之后，受损车主向法院诉讼要求保险公司赔偿车辆贬值损失的案例也越来越多，但是由于目前相关的法律、法规并没有明确具体的规定，形成了车辆贬值损失在“商业三者险”中的索赔真空，对车辆贬值损失的性质？“商业三者险”的保险人是否要承担赔偿责任？在何种条件下承担赔偿责任？赔偿到什么程度？等一系列问题，理论界与实务界是意见不一，实务中同案不同判的情形屡见不鲜。本文将对“商业三者险“与车辆贬值损失进行论证分析并提出解决方案，希望通过对车辆贬值损失形成的原因、性质以及相关立法缺陷的分析，提出建议，以期能尽快完善我国“商业三者险”保险人对车辆贬值损失的赔偿制度。具体的研究工作包括：一、通过三个同案不同判的案例，指出我国目前车辆贬值损失在“商业三者险“中的理赔现状及存在的问题；二、根据我国《民法通则》、《保险法》《侵权责任法》等相关法律规定，分析车辆贬值损失的概念、性质、构成要件和权利义务主体；三、阐述“商业三者险”保险人对车辆贬值损失赔偿的司法实践及司法实践中急需解决的问题；四、阐述完善我国“商业三者险”中保险人对车辆贬值损失赔偿制度的意义；五、阐述“商业三者险”中保险人对车辆贬值损失承担赔偿责任的理论依据与法理依据，进而提出完善的具体措施，让车辆贬值损失通过科学、权威的专业机构进行鉴定得以确定，并且能够在“商业三者险”中及时有效的获得理赔。
[Abstract]:According to data released by China Industry Research Network, by end of 2013, the number of cars in China had reached 137 million, from 16 million to 137 million vehicles in 2000, which took only 13 years. With the rapid development of the automobile industry, On the one hand, dealers, car companies, insurance companies, and the government enjoy the dividends brought by the rapid development of the car market. On the other hand, it also highlights some of the unfavorable factors brought about by this, such as unabated and high traffic accidents. In the past traffic accidents, car owners generally only required that the repair of the accident vehicles be completed. However, in recent years, with the improvement of the awareness of the owners' rights, more and more attention has been paid to the maintenance of their own rights, and after the traffic accidents, There are more and more cases in which the owner of the damage has sued the court for the insurance company to compensate for the depreciation loss of the vehicle. However, due to the current relevant laws and regulations, there is no clear and specific provision. Has formed the vehicle depreciation loss in "the commercial three risks" the claim vacuum, to the vehicle depreciation loss nature? Should the insurer of "Commercial three risks" bear liability for compensation? Under what conditions should liability be assumed? To what extent? There are different opinions between the theorists and the practitioners, and the cases of different judgments in the same cases in practice are not uncommon. This paper will demonstrate and analyze the "three risks of commerce" and the loss of depreciation of vehicles, and put forward solutions. It is hoped that through the analysis of the causes, nature and related legislative defects of the devaluing loss of vehicles, some suggestions can be put forward in order to improve the compensation system of the "commercial three risks" insurers for the devaluing loss of vehicles as soon as possible. The specific research work includes: first, through three cases of different judgments in the same case, pointing out the current situation and existing problems of vehicle depreciation losses in the "commercial three risks" in our country. According to the relevant laws and regulations, such as "General principles of Civil Law", "Insurance Law" and "Tort liability Law", this paper analyzes the concept, nature, constituent elements and subject of rights and obligations of devaluing loss of vehicles. This paper expounds the judicial practice of "commercial three risks" insurers and the problems urgently needed to be solved in judicial practice; fourthly, expounds the significance of perfecting the insurer's compensation system for vehicle depreciation losses in China's "commercial three risks"; This paper expounds the theoretical basis and the legal basis of the insurer's liability for the loss of depreciation of the vehicle in "Commercial three risks", and then puts forward some concrete measures to make the loss of depreciation of the vehicle be determined by scientific and authoritative professional organizations. And can be in the "commercial three risks" timely and effective settlement of claims.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D923

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