The lawyers in the consulting cases, deal with problems of traffic accident responsibility related motor vehicle loan, some parties of this part of the legal relationship can not be determined, the following legal analysis on this issue:

  Taking into account all the motor vehicle traffic to others, may also have a fault, "tort liability law" forty-ninth stipulates: "the owner of the vehicle is at fault for the damage, assume corresponding responsibility for compensation." All the people here said the fault, refers to all the people for motor vehicle traffic accident fault. For example, the fault all knowing vehicle without telling the user, knowing who do not use with a driving license or that use is not suitable for driving (such as drunk) and the vehicle to its use. On the owner of the vehicle fault judgment, should consider its profit. For example, in the lease, the duty of everyone to be higher; while in use, the duty of everyone to lower the. If all people's fault is identified, it shall bear the corresponding responsibilities, "corresponding" refers to adapt with the degree of fault. In addition, the owner of the vehicle and the use of people are liable to the victim, both to the same damages by accident, the formation of the unreal joint obligation. After all the people responsible, have the right to use as the final charge recovery.

   According to the principle of fault liability of burden of proof, the burden of proof to prove that the victim shall be the owner of the motor vehicle is leased, from motor vehicle traffic accidents has fault, to request it to bear the liability for compensation.

Generally speaking, the owner of the vehicle fault mainly for:

   A motor vehicle driving, discomfort, the existence of hidden quality, and did not inform the actual use, thus leading to the accident. The owner of the vehicle should understand the function and structure of vehicles than any other people, especially the driving situation, more the ability to determine whether a "motor vehicle driving" state.

In practice, if all the people are hidden, not driving vehicle to others, and did not truthfully inform the actual use, thus leading to the accident, all people should adapt their fault to bear the responsibility;

   Two, in the lease, not to the actual use of driving for reasonable, careful review. A driving license is a necessary element of the actual use of driving a motor vehicle, all of them if not actual driver is driving the responsibility for review and premature delivery vehicle, the fault is obvious;

   Three, all of them did not inform the actual use of motor speed, distance and other operating parameters or not necessary safety tips obligation.