In November 6, 2010, Liu driving a small van from east to west, just meet Wang driving heavy self unloading truck moving from west to East, two collided, resulting in Liu serious damage to vehicles, after the traffic management departments an accident responsibility confirmation by Wang driving without a license, vehicle identification, Wang Mou negative the accident all responsibility, Liu without responsibility. After the accident, the traffic management departments to identify, Wang vehicles linked name in a logistics company, the company will insure the vehicle compulsory insurance and commercial insurance in the insurance company, but in spite of the Liu repeatedly asked for compensation, under Wang, a logistics company and the insurance company refused to compensate, helpless, Liu a prosecution to the court, with Wang, a logistics company, an insurance company as a joint defendant, should bear corresponding civil liability.

   Case by the court of first instance: think of a logistics company is not Wang installment seller the purchase of vehicles, the case does not meet the Supreme People's Court on the retention of the seller of vehicle ownership should not bear the relevant approval of civil liability. Sentence: A, Wang, a logistics company in Liu compensation for lost wages two thousand eight hundred yuan within seven days after the effective date of this decision; two, rejected Liu other claims.

   After the verdict, against a logistics company, to appeal to the court, asked to.

   The trial court found that: the accident and responsibility and the public security organ of the traffic management departments in the hospital found that consistent. For the king is not a motor vehicle driving license driving traffic, heavy self unloading truck into the road did not let it run normally on the road so that Wang Mou, take full responsibility.

   Then think: motor 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), traffic accidents between motor vehicles, the faulty party shall bear the liability; 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 liability light motor vehicle party according to the degree of fault of motor vehicle party; no fault, shall bear the liability for compensation of not more than ten percent. The traffic accident identified Wang total responsibility, Liu had to drive a compulsory insurance in the insurance companies, the accident occurred in the period of insurance, the insurance company should be in the range of insurance to pay strong first assume the liability of compensation.

    Wang said as a logistics company to fulfill their duties in the course of the accident, but fails to provide evidence, so the defense opinion, the court inadmissible, to go beyond the reasonable loss cross strong insurance scope shall bear the liability for compensation, wang. A logistics company is not Wang installment seller the purchase of vehicles, the case does not meet the Supreme People's Court on the retention of the seller of vehicle ownership should not bear the relevant approval of civil liability, and Wang Mou vehicle registration in the freight operation in logistics company name, the two sides signed the service agreement recorded Wang must monthly will each administration fees and other fees in advance should be in a logistics company, there are some that govern the relationship, between visible logistics company and the logistics company and vehicle operation, Wang jointly liable for compensation. To sum up, according to the "PRC Civil Procedure Law" 153rd article first paragraph first the provisions of item, the decision as follows:

     Dismiss the appeal, upheld the.