The liability for compensation and theft of motor vehicle traffic accidents

     [-- Ma Peijie Dali famous scholar expert lawyer]

　　Motor vehicle theft and robbery, is one of the common forms of motor vehicle owner and phase separation, motor vehicle theft of traffic accidents, it is to drive in the most extreme case. Recently the author for a special case, after the occurrence of traffic accidents caused by damage to motor vehicle theft, robbery and snatch, who bear the responsibility for compensation problem. Dali lawyer Ma Peijie made a presentation and interpretation.

　　Provisions, legal paper:

Problems liable for damage to the robbery of motor vehicle traffic accidents, the existing judicial practice in ChinaTrialBasis.

1999Years7Month3On the "Supreme People's Court on stolen motor vehicle accident who is liable for damages of the reply" pointed out: "motor vehicle accident using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages."

In addition, "the people's Republic of China Tort Liability Act"Rule fifty-second: motor vehicle theft, robbery and snatch the traffic accident damage caused by theft, robbery, or snatcher shall assume the compensatory liability. Insurance company insurance liability limit range pays rescue expenses in the vehicle, shall have the recourse against the person responsible for the traffic accident.  

    Two, motor vehicle theft of traffic accident damage caused by theft, who bear the responsibility for compensation.

Motor vehicle theft, all the people lost control of motor vehicle operation, and lose the benefits of the operation, should not bear the responsibility. Even if the vehicle owner didn't lock the door and so on of the fault management of motor vehicle theft, but this kind of fault and accident no direct causal relationship. Therefore, it should not be all to take responsibility.

The provisions of this article, motor vehicle theft, robbery and snatch the traffic accident damage caused by theft, robbery, or snatcher shall assume the compensatory liability, no liability of motor vehicle owner shall. Mainly consider legal problems in two aspects: one is the motor vehicle theft, robbery and snatch, the vehicle owner to lose to the motor vehicle operation power, and this power loss is caused by the illegal acts of robbery, is all people reluctant, sometimes also is not known, not all people imagine. Two in the motor vehicle theft case, because all the people on the vehicle keep on negligence, leading to loss of motor vehicle traffic accident, with no direct causal relationship. Therefore, should bear the robbery after traffic accident liability for damages, the owner of the vehicle shall not bear the responsibility for compensation.

Motor vehicle theft on the road, often bring great harm to people's life and property safety and public safety. Because the car is not the owner of the vehicle, since that easily escape legal sanctions, therefore, do not obey the traffic rules, often occur in any illegal, even ignoring other people life and property security situation. The law on motor vehicle theft and robbery have imposed a penalty at the same time, the provisions of civil liability, is conducive to the protection of the rights of the victims, sanctions against such infringement.

　　Three, motor vehicle stolen after the accident harm compulsory insurance, the insurance company pays rescue expenses within the liability limit of the vehicle, shall have the recourse against the person responsible for the traffic accident.

"The provisions of article twenty-second of motor vehicle traffic accident liability compulsory insurance regulations", the insured motor vehicle stolen during the accident, the insurance company in motor vehicle traffic accident liability compulsory insurance liability limit range pays rescue expenses, and have the right to recover the injurer.

With reference to the provisions of,"The people's Republic of China Tort Liability Act"Article fifty-secondProvisions: motor vehicle theft, robbery and snatch after the accident harm compulsory insurance, the insurance company pays rescue expenses within the liability limit of the vehicle, shall have the right to recourse against the person responsible for the traffic accident.

Four,Without permission, driving motor vehicle traffic accident causes damage to others, the driver shall bear the responsibility for compensation. The vehicle owner or manager is at fault, shall bear the corresponding liability for compensation. This provision does not apply and theft of vehicles.

"Motor vehicle traffic accident liability compulsory insurance Ordinance"The provisions of article second, without permission, driving motor vehicle traffic accident causes damage to others, the parties requested by the motor vehicle driver shall assume the liability of compensation in accordance with the provisions of article forty-ninth of the tort liability law, the people's court shall support. The vehicle owner or manager is at fault, shall bear the corresponding liability for compensation, but the situation is "tort liability law" fifty-second article except.
      

Smell speech hearing, pen Yuan Ming; trust, loyalty affairs; the interpretation of the law, arguing; Hung Yi Jian, stand up for what is right; human right, as bright as sun and moon; the conflict law, Good prevails over evil! [Yunnan (Dali) famous scholar expert lawyer, lawyer Ma Peijie: 13508724904]