What compensations can be claimed when a new car is hit and the other party is fully at fault?
2 Answers
When a new car is hit and the other party is fully at fault, you can claim full compensation for all resulting losses. You may demand the other party to compensate for the vehicle repair costs and reasonable transportation expenses during the repair period. If the fully at-fault party refuses to pay the repair fees, you can initially cover the repair costs yourself and then file a lawsuit to claim compensation after obtaining the repair invoice. The People's Court shall support claims for the following property losses caused by traffic accidents when the injured party requests compensation from the infringer: 1. Expenses incurred in repairing the damaged vehicle, loss of items carried in the vehicle, and vehicle rescue costs; 2. If the vehicle is destroyed or irreparable, the replacement cost for a vehicle of equivalent value to the damaged one at the time of the accident; 3. For vehicles legally engaged in commercial activities such as goods or passenger transportation, reasonable losses due to inability to operate; 4. For non-commercial vehicles, reasonable expenses for usual alternative transportation due to inability to continue using the vehicle.
I just went through a similar situation. When your new car gets rear-ended and the other party is fully at fault, you need to fight for comprehensive compensation. First is the vehicle repair cost, including replacement of all damaged parts and labor fees, which should be covered by the at-fault party's insurance. Don't forget to claim depreciation loss - the accident will cause significant value drop for your new car in the used market, so get a professional appraisal for the diminished value. Also demand reimbursement for alternative transportation like rental cars or taxis to ensure your mobility isn't affected. If there are injuries, medical expenses and rehabilitation costs must be included. Other compensable items may include damaged personal belongings or income loss. The key is to immediately document the scene with photos, file a police report to establish fault, and never settle privately. I acted promptly in my case and recovered all losses - don't let the at-fault party evade responsibility. It's frustrating when this happens to a new car, but knowing the proper procedures helps.
