One, main body status

The so-called free riders, refers to the behavior person to have final and take other vehicles (including passenger vehicles, wagons and official vehicles, special vehicles, etc.) through the drivers license free rider, including goodwill and malicious free car free rider.

LawProvisions, a free ride on the motor vehicle traffic accidents caused by damage, was a square is at fault, it shall bear the liability for compensation, but the responsibility may be appropriate to reduce the. A person is at fault, should be reduced by the responsibility.

Free rider is injured in the traffic accident, I have the Party (the victim) subject status, he enjoys the right to claim compensation and the right to request compensation (due to the fault of the victim caused traffic accident), these two kinds of rights is a set, subjective fault and traffic accident (including deliberate and negligence) causality and damage results are complementary to each other, so whether it is good or bad free car free riders have the subject qualification of party in the traffic accident compensation lawsuit. In this regard, "approach to road traffic accidents" (hereinafter referred to as the "measures") stipulates that the second very clear.

The legal relationship caused by two, free riding behavior of goodwill 

Bona fide free on other vehicles, between passengers and the actual carrier to establish free transport law; the legal relationship shall be governed by the contract law to adjust. Because of the free rider friendly demands free ride (offer) and drivers license (commitment) the ride and according to car's intentions to the specified destination (contract) means, both sides is the establishment of shipping legal relationship, legal characteristics of transport contract, the contract is oral, unilateral, free of charge, undertaking contract. A free ride because of the agreement, is based on equality, voluntary case, as a free rider, enjoy the free ride and safe arrival at the destination of the rights, and bear the payment obligation prescribed in other provisions of the fare passenger transport contract, as the carrier, in addition to not receive right fare otherwise, the rights and obligations under the contract provisions of passenger transport, the carrier shall enjoy and bear, both sides to establish free bus protocol, in line with the characteristics of civil legal relationship, shall be governed by the contract law adjustment. In addition, in the process of establishing a free ride in the agreement, both sides have some purpose. As the car, is to save money or convenience or other purposes, as the carrier, there may be a moral objective based on, may also have feelings or other purposes based on and commitment from others free ride, so this kind of behavior conforms to our country civil equality, voluntary, fair principle.

Three, free car traffic accident liability and compensation

The road traffic accident responsibility:Is the civil legal consequences of compensation liability refers to people caused by road traffic accidents shall be liable to damage. Subject to assume responsibility for the accident must have subjective fault or negligence, and the implementation of traffic accidents, which caused the own or other people's personal or property damage. This is a responsibility of economic compensation, legitimacy and the fault size on responsibility and mandatory characteristic. Therefore, division of traffic accident responsibility correctly, it is necessary to accurately, appropriate, timely deal with the problem of civil compensation. According to the "Regulations" in article seventeenth, traffic accident responsibility by the public security organs to be identified, the public security organs of the "traffic accident responsibility confirmation" (the parties without objection or after reconsideration, maintain, change), the people's court in traffic accident cases, the general should be adopted. But the review by the people's court that made by the public security organ responsibility clearly inappropriate, the people's court shall not adopt, this dispute, but also solve the traffic accident compensation disputes. However, the party does not accept the public security organ's opinion and the prosecution to the court, the court in addition to the public security organs shall review the responsibility, but also on the carrier and the passenger's responsibility for the substantive examination, which requires us to divide the passengers and the responsibility of the carrier and address the issue of compensation, the attention in the treatment of traffic accident cases, the author that should be the following classification and treatment:

1,General traffic accident cases, car free ride others passenger vehicles and no fault compensation dispute, the applicable provisions of "approach to road traffic accidents", compensation from the responsible party.

2,General traffic accident cases, car free ride other vehicles (including passenger vehicles and non passenger vehicles), passengers have fault of traffic accident and caused his injury, still should be in accordance with the "Regulations of road traffic accident treatment measures", according to the size of the fault responsibility.

3,Free on non passenger vehicles other people due to vehicle traffic accidents and passengers without injuring intention caused passengers injury, can be compensated by the party at fault for motorists, still should apply the "approach" the provisions, get in the car's compensation cannot be resolved (the accident escape, vehicle overturning, collision or encountered other accidents that the owner is unable or unwilling to bear the liability of compensation), some argue that passengers are not allowed to the owners claim, but I believe that this view is not consistent with the principle of fairness in our civil law, but also with the "general principles of civil law" provisions of article 123rd contrary, treatment when the guilty party (the owner) shall be ordered to make compensation, liability may be appropriately reduced but the responsible party, burden sharing by fault party and passengers. To do so, not only in line with the principle of fairness in our civil law, but also with the "general rules of the civil law" article 123rd (civil liability caused by engaged in highly dangerous operation), 125th (liability construction damage), 126th (liability for suspension falling damage) the provisions of the spirit link.

4,Free rider's damage is caused by the intentional injuring the driver. The carrier shall be full compensation for the loss of passengers, the specific operation still apply "measures" provisions.

Malicious passengers four, compensation for damage in traffic accident 

The so-called malicious passengers, refers to the act of coercion, fraud threat carrier for the transport of people, actors in the implementation of travel behavior, the carrier was forced to accept the behavior of human conditions, the behavior based on the "general rules of the civil law" provisions of article fifty-eighth, belong to the invalid civil behavior. So stop traffic accidents and cause damage to the passengers, the carrier shall not bear civil liability.

Five, take the taxi traffic accidents

    Taxi traffic accidents damages, compensation for the right to taxi unit or individual compensation insurance to pay strong outside of the limits of liability, the court shall support. Yesterday, the highest law issued "on the trial of the law applicable to a number of road traffic accident damage compensation cases of interpretation (Draft)" (hereinafter referred to as the "opinions").

"Opinions" appear accident liability of taxi traffic accident, free ride, were clearly.

"Opinions" provisions, taxi traffic accidents damages, liability for compensation units or individuals the right to compensation for the damage to the outside of the taxi business beyond the motor vehicle third party liability insurance liability limit of bear, the court shall support.

"Opinions" clear, a free ride on the motor vehicle traffic accidents caused by damage, was a square is at fault, it shall bear the liability for compensation, but the responsibility may be appropriate to reduce the. A person is at fault, should be reduced by the responsibility.

"Opinion" said, did not obtain a driver's driving qualifications, drunkenness, drug abuse, driving motor vehicle traffic accidents narcotic drugs or psychotropic drugs or the insured deliberately causes a traffic accident, resulting in personal injury, by insurance companies in motor vehicle compulsory third party liability insurance liability limits the scope of compensation.

On the identification of traffic accidents, "opinion" said, the court has sufficient evidence to overthrow the traffic administrative department of the public security organ of the traffic accident report, the people's court shall confirm the probative force.

Responsibility of traffic accident of motor vehicle in the taxi ride, traffic accident, free riding accident, Zhang Xinbao said, before for these types of traffic accident responsibility identification with the social from all walks of life advice, but has not appeared in the form of rules or laws, this is the first time in the form of judicial interpretation.

The lawyer does not advocate the hitchhiking, in our case has been the emergence of the driver (also the owner) kindness to people around, after a traffic accident compensation for other losses in the case, and the judgment method has become a pattern, i.e. if the driver in the traffic accident, no major mistakes or intentional, by because of the traffic accident injury or property loss, the driver does not assume liability to pay compensation,The driverThere is deliberately or fault, where appropriate, compensation for loss of victims. That is not the prerequisite free exemption, as the vehicle's driver or owner, agreed to others free ride, itself has a duty of care to others to safe destinations, so it shouldn't paid as confirmation of the duty of care has no standard. The same courtesy between passenger and paid by some different, if charged a fee, even very low, even lower than the compensation fuel costs, and does not belong to the hitchhiking, but paid on the purchase a car, a passenger transport contract, due to traffic accident caused personal injury or property loss of passengers, passengers can according to the tort (the driver is at fault or intentionally, often illegal driving) or breach of contract (the driver no fault or wilful act) to choose food, similar to the taxi or other public transport situation.

And the difference between the hitchhiking is the most typical: such as the vehicle flees or is unable to compensate, riding in the same side of the driver's no responsibility, free ride cases are hitchhiking, does not assume liability to pay compensation, fees on the condition by the driver and owner of a party even if no responsibility, but also to take people assume joint responsibility for compensation.

At present, there are a lot of people think the same courtesy by the compensation and compensation in the amount of ordinary passenger should reflect the different, for example, to reduce the amount of compensation for some responsible person. The legislation of the countries much relief provisions of vehicle liability, theory is used in certain claims,The legislation of our country has not stipulated, belongs to the legal blank. Given by participants and the driver or owner is generally the family relationship, so after a traffic accident often hinder at feelings does not require driver compensation claims, often occur in the relationship is not so close by people, such as neighbors, fellow colleagues, relatives, ordinary. So the lawyer to remind you of the vehicle on the other people, please consider carefully and let him / her in, but be careful driving. With kindness by being aware of the driver has been drinking, no driver's license required by, or instigating a speeding driver, carrying on the prohibition of passenger vehicles, etc., with kindness by people in the subjective is negligence, and driver's negligence negligence cause of formation, the civil liability for compensation to reduce or waive the driver or vehicle all people.