And the law (editor Sinan)In May 17, 2011, Shaanxi Zhiyiheng firm Xu Juanjuan lawyers from the legal network was invited to the seventy-sixth period "lawyer" high-end interview program, the interview is the subject of interpretation: lawyer Xu Juanjuan traffic accident vehicle property preservation problem.

With the increase of vehicles, traffic accidents also increased, due to traffic accident damages litigation cases have increased year by year. At present, the court cases of compensation for traffic accidents always according to the application of a party concerned property preservation to the vehicle, but the preservation for vehicle without properly keep and disposal, to be the case over to the implementation process is not executable value, at the same time, because of the presence of V. Song Baoquan makes the case cannot be delegated. Should the vehicle must have all of the preservation of property?

　Despite hosting Sinan: after a traffic accident is the need for property preservation to the vehicle?

　　Xu Juanjuan lawyer: some friends often receive advice, after the occurrence of a traffic accident the traffic police department will give an accident vehicle preservation of this book, do not know whether to preserve the accident vehicle? Indeed, the preservation of the accident vehicle is very troublesome, need the injured party to provide corresponding guarantees, or even need to park place, find the accident vehicle and, if inappropriate preservation, the preservation of vehicle damage, should also pay for their loss. It The loss outweighs the gain! Therefore, in the exercise of the preservation of rights, should be careful to.

　　Despite hosting Sinan: how to determine whether to apply for the vehicle maintenance?

　　Xu Juanjuan lawyerWhether to preserve: vehicle accident to estimate the maximum amount of compensation. The traffic accident. For example, in 2011 the prosecution process, Shaanxi city population death indemnity of 313900 yuan. So, you should estimate, how much is the add up all the insurance of all vehicle accident compensation, if the coverage is very low, it is necessary for the preservation, if the insurance compensation is higher without accident vehicle preservation.

　　Despite hosting Sinan: traffic accidents usually involve which laws and regulations?

　　Xu Juanjuan lawyer: in dealing with traffic accidents, in addition to all the civil cases in accordance with the general principles of the civil law "can", "Civil Procedure Law", it is also necessary to use "tort liability act", "road traffic safety law" "the Supreme People's Court on the trial of personal injury compensation case applicable law" interpretation of several issues "in Shaanxi the provincial high court hearing on the road traffic accident damage compensation cases a number of issues guidance" and other laws, and regulations (trial).

　　Despite hosting Sinan: traffic accidents occurred, how to determine the subject of compensation claims follow,?

　　Xu Juanjuan lawyer: at present, the traffic accident case is deceptively simple, the complex lies in determining the compensation subject. As long as determined by the obligations of compensation, can decide whether to adopt property preservation measures. In adopting property preservation measures of accident vehicle not only has to be careful, can preserve the vehicle accident is not always.

"Tort liability law" provisions of article forty-ninth: by motor vehicle leasing, borrowing situation all people and use are not the same person, after a traffic accident belongs to the motor vehicle party responsibility, the insurance company shall make compensation in motor vehicle compulsory insurance liability limit. Part of the problem, by the user of the motor vehicle shall bear the responsibility for compensation; the owner of the vehicle is at fault for the damage, assume corresponding responsibility for compensation.

That is to say, in all motor vehicles without fault, everyone is not liable for.

　　And the host of the vehicle of Sinan: property preservation should pay attention to what?

　　Xu Juanjuan lawyer: according to the circumstances of the case, really need to preserve the vehicle's words, then, as the right to compensation must be cautious, the leased vehicle, vehicle loan, the judgement, if lenders and the lessor has fault, just can carry on property preservation on all vehicles. Otherwise, the preservation of error, is the need for lenders and the lessor damages.

　Despite hosting Sinan: after the traffic accident victims can be sued directly whether the owner of the car and the insurance company? What is the legal basis?

　　Xu Juanjuan lawyer: according to the practical situation to determine whether can sue the owner of the car and insurance companies.

The January 1, 2008 implementation of the "Shaanxi Province High Court on Several Issues concerning the trial of cases of road traffic accident damage compensation guidelines (for Trial Implementation)" is defined as follows:

A, at the same time the prosecution of motor vehicles and the insurance company

Motor vehicle to accidents, compensation for the right to prosecute the vehicles and underwriting traffic accident compulsory insurance liability insurance companies, respectively according to the following circumstances:

(a) a party shall insure the vehicle compulsory traffic accident liability insurance, the insurance company shall be liable for compensation in the motor vehicle third party liability compulsory insurance within the scope of responsibility;

(two) a party not in accordance with the law of compulsory motor vehicle insurance motor vehicle third party liability insurance, compulsory liability should be incurred by limit insured losses within the;

(three) liability exceed the traffic accident liability compulsory insurance liability limit part, determine the responsibility according to the provisions of the road traffic accident "security law" article seventy-sixth.

Two, listed insurance company litigation as the defendant and the third person

The defendant and the third person to participate in the proceedings at the same time, the insurance company as the prosecution of the defendant or the third person, the people's court shall insurance companies will be listed as the defendant and the third person to participate in the proceedings.

Three, the motor vehicle shall only prosecution proceedings

The right to compensation against the insured motor vehicle party, the people's court may add the insurance company as the third party to participate in the litigation. But the insurance company has fulfilled except payment obligations.

　　Despite hosting Sinan: free on another vehicle traffic accidents, compensation should be?

　　Xu Juanjuan lawyerFree ride: passengers, can be divided into two kinds of situations, namely the goodwill and malicious ride aboard, two different circumstances of the subject of compensation is different. Malicious by circumstances, malicious by people as the main body of civil compensation. But kindness by circumstances, vehicle all people as the main body of civil compensation.

Goodwill on the case, the vehicle owner as the subject of civil compensation, bear civil liability limited. The reason is: in good faith by people due to death or injury accidents, vehicle all people although there is no gain, still have Caution! Obligations, but should be a corresponding reduction in civil compensation.

"Guiding opinions of the Supreme Court of Shaanxi Province on Several Issues concerning the trial of the road traffic accident damage compensate case (for Trial Implementation)" nineteenth stipulates: "free ride others motor vehicle, the motor vehicle traffic accident damage, as appropriate, to reduce motor vehicle party liability to pay compensation. But based on the business purpose of the implementation of free ride, except to enjoy free of charge.