Shanghai Law: legal advice mobile phone: 13681960118

Borrow motorcycle kind meet colleagues to work, but in the way of the rider into disability, for compensation are mutually making excuses, the court. Recently, Pudong New Area court verdict, victims of Kim's reasonable economic loss, by the owners Xu compensation120200 yuan, by motorists Shen and a colleague Liu a compensation of 12.9 yuan; Shen, Liu and Xu corresponding compensation funds are jointly and severally liable.

Shen Mou, Liu and Xu's son is the same unit colleagues.The morning of April 23, 2008, has been to the unit of Shen received Liu telephone, called Shen to pick him up. Shen from the shed out a light two wheeled motorcycle to meet liu. The car all day by Xu, Xu son drive unit. Shen and Liu returned to the unit on the way, will ride a bike a gold hit. Identified by the traffic police department, Shen and Kim equal responsibility for the negative incidents; Liu illegal motorbikes, secondary liability accident.

After the incident, the forensic identification, Kim's injury is respectivelyThe 7 level, 10 level, 10 level disability. And find out, the motorcycle uninsured vehicle compulsory insurance. In 2009 February, Kim went to court.

In court, a gold presentsCompensation claims more than 57 yuan, and require the Xu in insurance liability limit shall bear the responsibility for compensation; excess liability Shen bear 60% share, liability Liu bear 20% share, and the obligation of compensation are jointly and severally liable.
Shen argued, they should Liu requirements take him to work, on the way traffic accidents, they are unpaid helpers, liability is only willing to take a 20% share of the. Xu said, son to drive his car to work, after stopping the key not to pull out, Shen without permission from the car. He thinks this accident has nothing to do with me, by Shen is responsible for. Liu Mouze says, he is only passengers are not the driver, there is no causal relationship between traffic accident, nor agreed to bear the responsibility for compensation.

The court thinks, in this case the vehicle in the accident occurred when the uninsured, the fault should be attributed to the owners of Xu, Xu Mouyi and failed to adduce evidence to prove the fact that there can be exempted from liability, the payment of a reasonable loss should be the Xu in insurance liability limits the scope of bear compensation responsibility. Shen Liu requirements should pick Liu Shangban, forming a helper relation between the two, Shen due to gross negligence Kim damage, Shen and Liu in accordance with the law shall bear the liability of compensation and liability. And Xu as owners, according to Shen, Liu should be compensation for a payment shall bear joint and several liability. Accordingly, the court made the ruling

Shanghai Law: legal advice mobile phone: 13681960118