Risk of accident automobile business not transfer by who bear?

Interpretation of "tort liability law" two

Case review: traffic accident compensation case the car did not transfer caused by the

The basic situation, case:

　Cases occurred in Huaian city of Jiangsu Province: yellow man bought in 1993, CMB car, after the transfer to Lu Mouyi, Lu Mouyi after the transfer to the money a C a C, money and transferred to Cheng Ding, vehicle transfer did not handle the transfer procedures. Huang Moujia transfer vehicle, the relevant formalities information delivered by Lu Mouyi, then with a C money agreed, by Qian Moubing a year for vehicles to transfer procedures. In 1995, a third man money with yellow name, provided by Chen e ID number, address, registration for the new vehicle license plate, (if the money is a C truthfully fill out the form, the DMV will force transfer). In 1998 March, Cheng Ding had hired driver vehicle traffic accidents, resulting in Han, 10 seriously injured, 26 people were slightly injured, the consequences of damage to vehicles. Cheng Ding unable to bear all the responsibility for compensation. The prosecution to the trial court in the city of Jiangsu in Huaian during the period of motor vehicles, serial transfer did not apply for transfer procedures, the original owners of the damage caused by the disagreement on whether liability of motor vehicle accidents, request to the Jiangsu Provincial Higher People's court, the Supreme Court of Jiangsu Province on the processing differences still exist, and that the case has representative, special request to the Supreme court.

Two, the Jiangsu High Court opinions

The first kind of advice: do not assume responsibility, the original owners of the reason is: the original owners have been lost to the vehicle control and operation benefit, to the traffic accident was unable to control and prevent the occurrence of fault, no causal relationship with traffic accident vehicle fails to transfer, the main responsibility of traffic accidents shall be governed and from vehicle operation benefit people, namely the vehicle actual owner.

Second views: the original owners should bear the responsibility. The reason is: the old motor vehicle transfer should to the market, because you need to quality status of motor vehicle inspection, and then apply for transfer procedures, the transfer of motor vehicles without quality inspection, resulting in the risk of motor vehicle accidents increase, so the vehicle does not transfer, the original owner should assume corresponding responsibility, to protect the interests of the victims, should owners register of judgments and actual had purchased vehicles per capita take part of the responsibility.

Three fundamental problems, in this case

To determine the subject of liability for motor vehicle damage according to the theory of what?

Four, the Supreme Court's reply

Reply of the Supreme People's court "about serial purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents responsibility"

The Jiangsu Provincial Higher People's court

You Institute "about serial purchase a car not handle the transfer procedures, the original owners ask" whether to motor vehicle traffic accidents were liable for damage caused by the receipt, the study that: a series of purchase a car did not handle the transfer formalities, as vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the car. In the operation, it is not the original owners deal with motor vehicle traffic accidents responsibility. But a series of purchase a car not to transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment.

The new "tort liability act" provisions:

　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.

Between fiftieth parties have sold or transferred by other means and delivery vehicles but no registration of transfer of ownership, 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, the transferee shall bear liability for compensation.

Lawyers reminded:

   1, although the new "tort liability act" provisions of the sale of motor vehicles not transfer traffic accident responsibility shall be borne by the buyer, but in order to avoid the reader into unnecessary litigation, preferably in theThe sale of the vehicle please transfer.

2, business: the tort liability law the forty-ninth regulation is conducive to the development of the car rental industry, when the lease car when the traffic accident, the driver to assume responsibility, but the car rental company should review the lease holders of valid driving license, and remind customers no drunk driving offense. In short, the legal risk of car rental companies reduced.

3, although the borrow the car to a friend when a traffic accident occurs, do not have to pay for a friend, but in order not to let the friendship, not allowing cars to cast a shadow on the detained in the Public Security Bureau, don't let yourself be lawsuits, one of the ten precepts that listen to Zheng Yuanjie:Will not lend others.

The ten family of Zheng Yuanjie:

Before 1, forty years old and try not to earn less than your friends;

2, do not belong to their own money and don't want to;

3, do not injure others;

4, do not violate the traffic rules;

5, don't do drugs;

6, don't gamble;

7, do not lend others;

8, do not lend and borrow money from others;

9, don't skimp on charitable donations;

10, do not receive things and change the plan without notice to the other party.

                                                  Authors: Chen Zhidu

2009Year December 29th