Rented vehicle accident who is responsible for the court according to the contract relationship between distribution of responsibility

Correspondent Zhang Jianwei Shen Menglan case:
A Jiaxing transportation loading and unloading station put a heavy special operations vehicles leased to Zhang loading and unloading of goods, at the same time with the car is equipped with the Tao provides driving service. In the process of transportation, Tao driving heavy vehicles and ride electric bicycle Shen a traffic accident occurs, causing Shen a disabled.
The police found: Shen and equal responsibility for the accident. A heavy vehicle overload situation, existence. Via checking, the heavy strong car insurance and commercial insurance in the insurance company.
After the accident, Shen family with Zhang, transportation loading and unloading station consultation fails, Tongxiang court judgment, asked Zhang, transportation loading and unloading station and the insurance company for compensation for the loss of a total of 1299257.71 yuan.
Recently, the court of the first instance judgment insurance company in insurance within the scope of compensation for 121750 yuan; the balance station transportation loading and unloading 48%, plan 565203.70 yuan; Zhang compensation balance of 12% meter 141300.90 yuan; other claims rejected the plaintiff.

The judge said:Transportation loading and unloading station and Zhang signed lease agreement, the heavy special operations vehicles leased to Zhang, the formation of the lease contract relationship; at the same time also provides the driver, lessors to provide a service to the lessee, both sides is the formation of contract relationship.
This kind of situation, this case does not apply in China "tort liability law" 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." Regulations. And should apply the "tort liability act" thirty-fourth first "employer's personnel due to performance of a task and causes damage to others, shall be formulated by the employing unit shall bear tort liability".
In this case, assume the Tao a loss caused by traffic accident shall be borne by the transport loading and unloading station. For Zhang, because of the existence of fault in the instruction process, causing the vehicle overload driving, and overloaded fact identified by the traffic police is one of the causes of the accident, so Zhang should bear the corresponding liability.
Therefore,The size of the court with the fault case, determine the Shen for their losses exceed strong insurance to pay part of the responsibility of 40%, transportation loading and unloading station of Shenyang losses exceed strong insurance to pay a portion of the 60% liability of 80%, Zhang Shen for certain losses exceed strong insurance to pay a portion of the 60% liabilities 20%.
This column by Hangzhou Haina industry Limited Co