Who is responsible for the traffic accident when driving a company car?

The subjectivity of law: 1. Who will pay for driving a company car in a traffic accident? If employees perform their duties during working hours and have an accident for which they are not responsible, the company has the responsibility to bear all other responsibilities. If the employee's wrong behavior leads to a traffic accident, the employee and the company shall bear the responsibility together. According to the law of our country, if the staff of the employing unit causes damage to others because of performing their work tasks, they shall bear tort liability. If an employee has a wrong traffic accident, the traffic police will specifically identify the responsibility. Article 46 of the Procedures for Handling Road Traffic Accidents stipulates that the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in the occurrence of road traffic accidents and the severity of their faults. (a) due to the fault of one party caused by road traffic accidents, take full responsibility; (2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault; (3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible. Second, who will pay for the traffic accident? 1. The subject of responsibility in traffic accident compensation case should include: (1) the person who is directly responsible for the accident, including the owner, actual controller and driver of the motor vehicle; (2) An insurance company that bears the liability for vicarious compensation; (3) Social assistance fund institutions for road traffic accidents that undertake the responsibility of paying compensation in advance. 2. Determination of the subject under special circumstances (1) If a traffic accident occurs while driving a stolen motor vehicle, the subject of compensation in general is: the thief; (2) If driving someone else's vehicle without authorization causes a traffic accident, the general compensation subjects are: the owner or custodian of the motor vehicle and the driver without authorization; (3) If an employee drives a vehicle and causes a traffic accident, the compensation subject is generally: the employer; If the laborer has intentional or gross negligence, he shall be jointly and severally liable for compensation with the employer; (4) If driving an unregistered vehicle causes a traffic accident, in general, the main body of compensation is: the current owner who dominates the operation of the vehicle and obtains operational benefits; (5) If the seller of the installment payment retains the ownership of the vehicle and a traffic accident occurs, the main body of general compensation is: the vehicle buyer; (6) In the event of a traffic accident on the lent vehicle, the subject of compensation is generally: the perpetrator or the borrower; (7) In the event of a traffic accident on the leased vehicle, the subject of compensation is generally: the lessee; (8) Under normal circumstances, the main body of compensation is: if the vehicle is parked for free, it is the affiliated person; If it's paid, it's affiliated, affiliated. (9) In the event of a traffic accident while learning to drive with a coach, under normal circumstances, the subject of compensation is: the coach; (10) In the event of a traffic accident on the pledged vehicle, the compensation subject in general is: the pledgee; (1 1) If a minor is involved in a traffic accident while driving a vehicle, in general, the compensation subjects are: the owner of the vehicle and the guardian of the minor; (12) If passengers suffer losses in traffic accidents, the general compensation subject is the carrier, the owner or driver of other vehicles. 3. How to determine the responsibility of traffic accident compensation? If a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance; The insufficient part shall be liable for compensation according to the following provisions: 1. In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions. 2 motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and if the non-motor vehicle drivers and pedestrians are not at fault, the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%. The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation. (1) If a motor vehicle has a traffic accident with a non-motor vehicle or pedestrian 1, and the motor vehicle party bears all, major, equal and minor responsibilities, the insurance company (or the motor vehicle party) shall bear the liability limit (death and disability 1 1 ten thousand yuan, medical expenses 1 ten thousand yuan) 2. If the motor vehicle party is not responsible, the insurance company (or motor vehicle party) will compensate within the deductible limit of compulsory insurance (death and disability 1 1000 yuan, medical expenses 1000 yuan, property loss 100 yuan), and the motor vehicle party will be liable for the shortfall. (2) There was a traffic accident between motor vehicles 1, and there were no casualties, only vehicle losses: (1) If both motor vehicles bear primary, equal and secondary responsibilities, the insurance companies of both parties (or both motor vehicles) will compensate each other for vehicle losses within the limit of liability for compulsory traffic insurance (2,000 yuan), and the insufficient part will be shared by both motor vehicles according to their responsibilities (the main responsibilities will be borne by both parties). The insurance company (non-responsible party) shall compensate all responsible parties for the loss of vehicles and goods within the non-liability limit of compulsory insurance (100 yuan). 2. Casualty: (1) If both motor vehicles bear primary, equal and secondary responsibilities, the insurance companies of both parties (or both motor vehicles) will compensate each other within the liability limit of compulsory insurance (death and disability 1 10000 yuan, medical expenses 10000 yuan, and property losses of 20000 yuan). The insufficient part is shared by both sides of the motor vehicle according to the responsibility (70% of the main responsibility, 50% of the equal responsibility and 30% of the secondary responsibility) (2) If both sides of the motor vehicle are fully responsible and have no responsibility, all the economic losses of the irresponsible party shall be compensated by each responsible party; The insurance company (non-responsible party) shall compensate all responsible parties within the non-liability limit (death and disability 1 1000 yuan, medical expenses 1000 yuan, property loss 1000 yuan), and all responsible parties shall bear the shortfall. If a traffic accident occurs while driving the company's car due to the performance of duties, the company shall be liable for compensation. If the actor's private behavior is wrong, the actor himself should bear the liability for compensation. Legal objectivity: Article 22 of the Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance, under any of the following circumstances, the insurance company shall advance the rescue expenses within the limit of compulsory motor vehicle traffic accident liability insurance, and have the right to recover from the injurer: (1) The driver has not obtained the driving qualification or is drunk; (2) The insured motor vehicle was stolen during the accident; (3) The insured intentionally creates a road traffic accident. Under any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs and property losses are caused to the victim, the insurance company shall not be liable for compensation.