On vehicles linked traffic accident consequences

Attached: part of the province high court rules:

The higher people's Court of Jiangsu Province in 2001 the civil trial work summary of a panel discussion, Soviet Supreme Court (2001) No. 319. On the management of motor vehicle liability for damage caused by people assume the management of motor vehicle traffic accident causes damage to others, shall be borne by the affiliate and the affiliated person jointly and severally liable for compensation. Between the affiliated person have been linked with the agreed ship on the accident consequences of exemption, only binding on both sides, not confrontation third person.

Tianjin Municipal Senior People's court "on hearing the cases of traffic accident compensation issues related to the experience of" Jin high method (2004) No. 64. The affiliated vehicles in operation and causes damage to others, dealt with according to the following provisions: (1) if the linked units charged management fees or obtained by economic interests, it shall bear the liability for compensation, the affiliated enterprise in charge management fees and obtain economic benefits within the total bear joint and several liability. (2) if the linked units did not charge management fees or do not have other economic interests, is only based on the requirements of the local government management link or compulsory link, has been linked unit does not assume liability to pay compensation.

The Jilin Provincial Higher People's Court Notice "summary" Conference on Several Issues concerning the trial of cases of road traffic accident damage compensation of 27, the taxi company taxi road traffic accident caused by the loss, taking a taxi company as a defendant, by taxi companies bear the liability for damages. 29, motor vehicle traffic accidents all belong to the individual and anchored in the state-owned, collective units or other units name, should be linked to human and the affiliated person as a co defendant, by it and the affiliated person shall assume joint and several liability.

The Anhui Provincial Higher People's court "the trial of personal injury compensation cases a number of issues guidance" Anhui high method (2006) 2006 56 years in February 10th eighth where a motor vehicle traffic accidents cause harm, the registration in the mobile management department of the vehicle owner liability. All the people in the registration of motor vehicle management department of the vehicle owner signed an agreement to transfer the vehicle with others, but not to the vehicle management department to handle the registration of change, motor vehicle traffic accidents cause harm, according to hang a vehicle handling the opinions shall. Ninth hang vehicle traffic accidents cause harm, by hanging households unit (individual) are jointly and severally liable and practical vehicle all people. Vehicle hanging households refers to the oral or written agreements, in vehicle management departments will be vehicles registered in the name of others. Tenth hanging unit (individual) of responsibility, have the right to recover the actual vehicle all people. The actual vehicle all people can prove to hang a unit (individual) to pay management fees, but hang unit (individual) did not perform hang the supervision and management of the contract agreed obligations, hang unit (individual) should bear some responsibility. Hang a unit (individual) charge management fees, and "after a traffic accident does not assume any responsibility" and other similar agreements with the actual vehicle all people, all requirements of the actual vehicle assume full liability, not support. Eleventh taxi traffic accidents caused casualties, property losses to others, the vehicle which belongs to the taxi companies, taxi companies assume responsibility; hang a management, according to the provisions of the preceding article two. The Shandong Provincial Higher People's court civil trial meeting minutes lugao method (2005) No. 201 (seven) determine the issues about the subject of compensation in traffic accident. The case for compensation of road traffic injury is a kind of special tort cases, according to the spirit of related judicial interpretation of the Supreme Court, the main responsibility should be based on vehicle operation control and operation interests belonging to determine. For the road traffic accident vehicle management situations, in principle by the affiliated person or the actual owner liable for damages, but the affiliated person to obtain benefits from the affiliated vehicles operating in the appropriate, shall bear the liability of compensation.

Guidance on the Henan Provincial Higher People's Court on several issues of current civil trial: three, on the trial of cases of road traffic accidents on fifty-first for the confirmation, the plaintiff has the choice of right of prosecution, the court shall consult the opinions of fourth principles, the defendant should be in the road traffic accident, the vehicle operation control and enjoy the benefits of operation. (eight) did not handle the transfer formalities of vehicle road traffic accident occurs, causing other damage caused by the compensation dispute, the road traffic accident vehicle when the actual possession of someone accused (nine) traffic accident vehicle belongs to the individual partnership and should take the vehicle owner as a defendant, such as individual partnership with size, in accordance with the approved and registered trade name as the defendant; individual partnership not name, to all the partners to the defendant (ten) the traffic accident vehicles belonging to the unit called the state and collective, is an individual or partnership, with vehicle property all someone accused (eleven) traffic accident vehicle is privately owned by the name of the unit operation, or all of your vehicle in the name of others business, both sides to the defendant.

Guangdong Provincial Higher People's court, Guangdong Province Public Security Bureau "on the" road traffic safety law "after the implementation of road traffic accident case certain questions opinions" 21, the people's court shall determine their respective responsibilities, not for the liability limit over the part of the injured party, according to the request, may make a judgment by the insurance the company shall bear the liability for compensation, but also can be decided by the owner of the vehicle, the vehicle actual control people and drivers are jointly and severally liable, but also judgment insurance companies and all motor vehicles, vehicle real control people and drivers to bear liability. For more than a liability limit part, decision by all motor vehicles, the actual vehicle control people, the driver shall assume joint and several liability. 37, according to "road traffic safety law" article ninth, article twelfth, the owner of the vehicle refers to the vehicle in the unit and individual vehicle registration management authority. As mentioned in these Guiding Opinions "actual vehicle dominates people" refers to the transfer procedures did not apply for changes in vehicle of the buyer (multiple trade did not transfer, for the last time the sale of the buyer), the donee, vehicle lessee, borrower, affiliate and contract management of people.

The Supreme People's Court (2001) the people He Zi No. thirty-second reply to the high court of Jiangsu Province, the reply "series of purchase a car does not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also can benefit from the car business interests, it is not the original owners deal with motor vehicle traffic accidents responsibility. However, a series of purchase a car did not handle the transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment.