Taxi accident, joint and several liability company
    A court judgment

   Taxi careless pedestrians cut injury
    The taxi company was sentenced to compensation
    Western city people's court sentenced to taxi cut wound pedestrians caused personal injury claims, the court decision of insurance companies in addition to assume insurance responsibility, also ordered the taxi driver compensation of the injured pedestrian 4.9 yuan residual loss, taxi companies are jointly and severally liable.
    The court's investigation, in October 6th last year, South Korea a driving a taxi along the route south to North Road, careless and didn't notice is from west to east across pedestrian street of a ma. Han a Dodge, taxi right rearview mirror Ma Mou cut down, causing a wounded horse, damage to the vehicle traffic accident.

   After the incident, Han MOU will mamou rushed to hospital for treatment, do the broken bone reset operation in the hospital. In the course of treatment, Ma appeared confusion, breathing difficulties and other symptoms, the hospital diagnosis of cerebral infarction. Ma after discharge, failed for consultation with medical compensation matters, the Han, Han Mou the taxi company, Han Mou covered the insurance company to court to sue.
    In the trial, Han Mou think Ma before suffering from diseases such as hypertension and coronary heart disease, so Ma MOU shall bear part of the cost. In addition, Han believes that his taxi cars and operating permits all belong to the taxi company, he is only a driver cab company, therefore, should not bear the liability for compensation. The court also found a taxi, Han anchored in the taxi company, during the operation of insurance compulsory insurance and three party liability insurance. At the same time, the traffic accident, the traffic police department finds, Han Mou accident should bear the responsibility of 80%, Ma Mou assume the responsibility of 20%.
    After the court that the insurance company should compensate for the horse, a total loss of 58000 yuan within the limit of liability. At the same time, in view of the traffic police department to identify accident responsibility for some 80% of the Han, the responsibility of the accident the horse for some 20% of the Han, so one should be in accordance with the percentage of the responsibility of a horse the remaining 5.3 yuan loss in more than 4.9 yuan. In addition, Han is the actual owners, but the defendant rental companies do to collect fees, so the taxi company shall bear joint and several liability to the ma.
   Two,The parties said
    Plaintiff: traffic accident should be compensation
    Defendant: should not bear the extra cost
    The plaintiff Ma claims, October 6, 2007 at around 10 am, a police station in the River Road, 27 meters south, the west to east across Zhujianglu Road, the taxi driver from north to South on Han Mou because of brake can not be knocked down, causing the injured in hospital medical expenses, spending tens of thousands of dollars of traffic accidents. After the incident, the municipal public security traffic police detachment of the three battalion that main responsibility, Han Mou negative accident, Ma Mou negative secondary responsibility. The traffic police department also find out, Han Mou driving taxi anchored in a taxi company, at the same time the taxi in an insurance company insurance compulsory insurance and three party liability insurance. Because many demanding compensation failed, Ma Mou the prosecution to the court, requested the three defendants compensation for medical expenses, lost income, nursing fee and other losses totaling 12.5 yuan, and bear the litigation fee.
    The defendant Han a argued, the amount of compensation for Ma according to expert opinion the identification which is not in conformity with the law, the reason is that the identification procedure is illegal, the court should not support. The plaintiff Ma provides medical list, can be found Ma unauthorized use of expensive drugs, expanding health care costs, so Ma MOU shall bear part of the cost of expanding. At the same time, Ma before the accident suffering from hypertension and coronary heart disease, so this part of medical expenses not by the defendant. As for the Ma called delay costs, given the horse a retired worker, a monthly pension, so there is no loss, the defendant should not compensation. The horse is a eight class disable, and did not lose labor ability, therefore the defendant should not bear the wheelchair disabled equipment costs. A driver was only taxi company, when a traffic accident occurs in the performance of their duties, so Ma litigation subject is wrong.
    The insurance company says its defense opinions and the defendant Han Mou agree. The taxi company except against Ma's last defense opinions, the defending opinions and defence defendant Han Mou agreement.
    Three, line judge
    Joint compensation threefold
    The judge said: at present, most of the city in our country does not allow individuals to the taxi business, people who want to enter this industry, must go through the following three ways: the first is the taxi company holds vehicle property, and vehicle operating authority, people can only contract vehicle, which belongs to the contractual relationship; second is the rental company holding operation right, personal and company jointly funded the purchase of vehicles, which belongs to the financing lease; third is the holding company operating authority, the vehicle is purchased by individuals, which belongs to the link between the.
    In recent years, the most common cases of rental industry, including the main taxi private transfer, identification, that the main responsibility after the accident and taxi taxi insurance contract identification, identification, the taxi driver injury taxi driver employment etc.. And these cases, mostly in the affiliated business operation mode.
    According to the relevant provisions of the taxi management, must be anchored in the taxi company taxi. In this way, the taxi true owner and registration of all people there have been different. In practice, a taxi in case of accidents, to divide the taxi driver and the taxi company's responsibility, relatively large differences exist in the theory and practice of.
    The collegial panel trial that the true owner, this case should first take responsibility, then the taxi company shall bear joint and several liability. This has three advantages: one is the real owners increased responsibility consciousness, reduce the occurrence of traffic accidents; two is to let the taxi company shall bear joint and several liability, is conducive to the protection of the rights of the victims, the compensation can be protected; three is the taxi all people will hang on the name in the taxi taxi company, and to pay management fees in accordance with the company rules, taxi companies do exist gains, so let the taxi company responsible practices, but also reflects the consistent profit principle.
    According to the regulations of compulsory insurance, accident loss shall be borne by the insurance company to assume the first. For the insurance limit, without distinction between the party and the victim liability ratio, the court decision directly compensation insurance companies. Beyond the insurance limits, the court should according to the party and the injured party between the proportion of the responsibility judgment, by both parties to share. This treatment, can reduce repeated actions of trouble, but also conducive to the victims in time gain compensation.
    Four, the focus
    The affiliated vehicles five forms of liability
    Vehicle of affiliation, refers to the owners will own the cars down in the name has a business license taxi companies or transportation company, and the name of the company operating a taxi or freight business, the owners on time to the company to pay a certain affiliation fees, vehicle, industrial and commercial registration, tax registration certificate, vehicle operation are registered in it the unit name, and the name of the unit to pay various taxes and fees.
    In the trial practice, depending on the circumstances, the court decision of vehicle traffic accident responsibility linked, there are generally five kinds of results: one is the decision by the affiliated person shall bear civil liability for compensation, and was affiliated to assume joint and several liability, which is called joint responsibility; two is the decision it shall bear civil liability for compensation, be linked units are jointly and severally liable in charge management fees range is limited, called joint responsibility; three is the decision it shall bear the liability for compensation, the affiliated enterprise in the affiliated people unable to pay in advance, the so-called responsibility to advance; four is the decision directly by the affiliated enterprise shall bear the liability for compensation, dismissed the plaintiff requests it bear the responsibility for compensation litigation request, namely direct liability for the so-called; five is the decision by the affiliated person shall bear the liability for compensation, dismissed the plaintiff demands to be linked units shall bear the liability for compensation litigation request, namely so-called exempt responsibility. The classification is classified from the processing results.
    At the same time, generally believe that the practice, how to share responsibility for treatment of affiliated private business, is a series of interpretation of the Supreme People's court, the Supreme People's court "about the stolen motor vehicle accident who is liable for damages of the reply", "the Supreme People's Court on the purchase of the hire purchase vehicles in use transport by traffic accident causing property losses keep vehicle ownership of the seller should not bear civil liability of approval", "the Supreme People's Court on the purchase a car without a transfer procedures for the original owners whether or not the motor vehicle traffic accidents were liable for damage caused by the letter".
    Five, focus of attention
    Traffic accident responsibility form 17
    Joint and several liability, it means in accordance with the law or the agreement between the parties, two or more than two parties to the joint debt assumed all or part of bear, and can therefore cause a kind of civil liability of inside debt relationship. When the responsibility for many people, everyone should pay off all the debts of the responsibility, and the responsibility of inter person relationship with joint.
    In practice, most traffic accident cases, can lead to liability disputes in the driver, the vehicle owner, the driver unit and other subjects. The court and the traffic control department of the processing results show that, the current traffic accidents, mainly produces the following 17 forms of liability:
    1, the driver should bear the responsibility for compensation for the loss of accident, but the driver is unable to compensate, units or vehicles by the driver all advance;
    All 2 vehicles as a unit, the driver line of work or production process to perform driving duties and cause traffic accidents, the unit or the owner of the vehicle shall bear the responsibility for compensation;
    3 vehicles for the self-employed, contractors, partners or owners of private enterprises, hiring drivers engaged in transportation accidents, by the owner or the employer shall bear the liability for compensation;
    The traffic accident happened 4 vehicle contract, lease, the owner and the contractor, lessee jointly liable for compensation. If the contractor, lessee without the owner's consent and authorization of subcontract, lease or lend third use after the accident, the contractor, lessee, third people and owners jointly liable for compensation;
    5 entrust others to purchase a car purchase a car after the accident, purchasing agent, the principal shall bear the liability of compensation. Entrust others to repair, keep the vehicle during or traffic accidents during the parking lot, repair, the depository shall bear the liability of compensation, the parking lot;
    6 the driver carrying out their duties in the course of authorization, and job related activities and traffic accident, the driver shall bear the liability for compensation, the owner shall bear joint and several liability;
    7 the vehicle linked units to collect management fees or share profit as co owners, the owners shall bear the liability for compensation, it shall bear joint and several liability;
    8 vehicle legal possessor the owner's consent, give the vehicle with third people after the accident, legal possessor and the third person co defendant, the owner shall bear joint and several liability;
    9 the driver non-executive position and without the owner's consent and authorization of the car, the driver shall bear the liability of compensation, the owners responsible for finance;
    10 stolen vehicle traffic accidents, the cause the victim's property losses shall bear the liability for compensation according to law, stolen vehicle all people do not bear the responsibility for compensation;
    11 the driver and the vehicle does not belong to the same unit, the driver and the beneficial units as a defendant, benefit unit should advance compensation;
    12 free from vehicle traffic accidents, compensation by the driver and the beneficiary;
    13 the person responsible for the traffic accident death, its inheritance does not abandon inheritance, only in the inheritance within the limits of responsibility. Heir abandon or loss of inheritance, because there is no heritage to inherit, inheritance does not bear the responsibility for compensation;
    14 passenger ticket, or in accordance with the provisions of free of charge, a ticket, or permitted by the carrier to travel, death in the process of transportation, the carrier shall bear the responsibility for compensation;
    15 unpaid by the rider, in principle does not relieve the driver responsibility, but according to the specific circumstances, according to the principle of fault offset, reduce driver liability;
    16 if the emergency caused by traffic accident, cause risk lover for the defendant. If the emergency measures are improper or exceed the limits of necessity should not cause damage, the person who took the emergency as a joint defendant, the owner or the driver unit shall bear joint and several liability;
    The traffic accident happened 17 learning driving, the trainer shall bear part or all of the responsibility.
    Six, links
    The traffic safety law of the people's Republic of China "road seventy-sixthMotor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:
    (a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.
    (two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault motor vehicle shall not at fault;, bear the responsibility of compensation does not exceed ten percent.
    The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation. Wang Cimei.