Case Overview - Mr. Bao was rear-ended while driving a Mercedes-Benz, with Ms. Yang deemed fully responsible for the accident by traffic authorities. Mr. Bao rented a similar Mercedes-Benz for 21 days at a daily rate of 600 yuan, totaling 12,600 yuan, which he sought from Ms. Yang and her insurance company after his vehicle was repaired. The court ultimately ordered the insurance company to compensate Mr. Bao 6,300 yuan [1]. Legal Insights - The main dispute revolved around the reasonableness of Mr. Bao's claim for alternative transportation costs and whether the insurance company should bear this expense. According to the Supreme People's Court's interpretation, compensation for reasonable costs incurred due to the inability to use a non-commercial vehicle is supported [1][2]. - The court emphasized that the choice of alternative transportation is subjective, and costs can vary significantly. Therefore, claims must adhere to principles of necessity and reasonableness. Mr. Bao's choice of a luxury vehicle was questioned, as he did not provide evidence of a specific need for the rental, leading the court to determine that his claimed expenses exceeded reasonable limits [2]. Insurance Company Liability - The insurance company attempted to present a commercial insurance exemption clause but failed to prove that it had adequately informed Ms. Yang of this clause. Consequently, the court ruled that the insurance company did not fulfill its obligation to provide reasonable notice and should be held liable for the compensation [2]. General Principles - In cases of traffic accidents where the damaged vehicle cannot be used, victims can claim reasonable costs for alternative transportation. The court typically considers factors such as travel needs, vehicle purpose, local pricing standards, and the reasonableness of the transportation method when determining compensation. Claimants must demonstrate the necessity and reasonableness of their rental choices, using market average prices as a benchmark to avoid excessive charges [2].
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Xin Lang Cai Jing·2025-12-23 23:14