Vehicle traffic accidents to lending, lenders and actual driver responsibility
Created:
/Author:
Aaron Lewis
CaseAn example:Mr. Liu will be owned by Mr. Wang used vehicle with friends.Mr. Wang in the process of driving and Ms. sun sun injured caused by traffic accidents.The police identified the full responsibility of Mr. Wang is responsible for the accident, Ms. sun not negative accident responsibility, and the police find out Mr. Liu vehicle uninsured.After the accident, Ms. sun to the hospital for treatment, generating a total of the medical expenses, lost income, health care costs more than 15 yuan.After the end of treatment, Ms. sun to the people's court Mr. Liu and Mr. Wang, toFor Mr. Liu and Mr. Wang asked two people together for the loss of 150000 yuan, Mr. Liu believes that in accordance with the law in the vehicle lending situation, can only be undertaken by the actual driver responsibility.So Ms. sun loss shall be borne only by his friend Mr. Wang, has nothing to do with me, so the two sides dispute.
LawyerDividedAnalysis of:The focus of the case in dispute is "tort liability act" in the provisions in the vehicle lending conditions, the owner of the vehicle fault identification standards and Ms. sun the loss should be how to get compensation?This case belongs to tort dispute cases, according to the principle of imputation of tort, Mr. Wang Department of the infringer, the driving vehicle traffic accidents caused third people were injured by the compulsory insurance should bear the liability for compensation, beyond the limit part by Mr. Wang to bear the liability for compensation, but the lender has the fault except.According to "road traffic safety law": traffic accidents should be a compulsory insurance liability insurance to pay strong limit, beyond the actual infringers according to accident liability ratio bear corresponding responsibility for compensation.Based on the nature of compulsory insurance, motor vehicle owner should be statutory obligation insurance compulsory insurance, conducive to the full protection of victims to get compensation, promote road traffic safety, this is also the "motor vehicle traffic accident liability compulsory insurance Ordinance" requirements and objectives, each vehicle all people have strong risk of the insured to pay obligations, the obligor fails to perform the obligations, should bear the liability without fault in the insurance to pay strong limit.In this case all of Mr. Liu in should be insured and uninsured case, it shall bear the liability of compensation in insurance limits.Then Mr. Liu shall bear the liability for compensation of compulsory insurance, Ms. sun beyond liability compulsory insurance amount should be how to get compensation?This part owner Mr. Liu no fault for the accident, this part of the liabilities for compensation shall not assume by Mr. Liu, and shall be in the charge of Mr. Wang compensation according to their negative accident responsibility.
(December 9, 2011, Qingdao traffic radio "insurance." show case)
The legal basis:"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.