In December, 215, Chen Mou, a man, drove a borrowed motor vehicle and injured the plaintiff in Zhuanqian Town, Gaochun District. The plaintiff's injury was identified as Grade 1 disability by judicial appraisal. In June, 216, the plaintiff sued Chen Mou, who was driving the car, and Tang, the owner, to the court. After trial, the court ruled that the owner Tang compensated the plaintiff for all losses of 8, yuan, and the defendant Chen Mou was jointly and severally liable for compensation. The driver Chen Mou also compensated the plaintiff for a loss of more than 17, yuan. Since the two defendants failed to perform after the judgment came into effect, the plaintiff applied to the court for enforcement. Tang thought he didn't hit anyone, so he didn't need compensation and ignored the court's notice. On the 5th of this month, the executors found the executed person, Tang, in a salesroom of Gaochun Aquatic Products Market, and summoned him to the court according to law.
Forcible summons refers to a compulsory measure taken by public security organs, people's procuratorates and people's courts to force criminal suspects and defendants who are not in custody to appear in court for interrogation according to law. Forcible summons is one of the lightest coercive measures in China's criminal procedure system, and public security organs, people's procuratorates and people's courts have the right to decide its application in the course of criminal proceedings.
In the process of execution, the executor Tang always stressed that he was losing money. Finally, under the long-term persuasion of the executor, Tang reached a settlement agreement with the executor.
why should I pay compensation?
for car owners, lending their cars to others is the biggest fear of accidents. If anything happens to the car, it will make trouble. Some people even said that if someone had an accident by borrowing a car, the owner would have to bear part of the liability for compensation. This makes many car owners feel wronged. I didn't drive the car and I didn't make the accident. Why should I pay for it?
what is no fault of the owner? Three conditions must be met: 1. The borrower has a driver's license and has not been revoked or expired. 2. The driver's license type conforms to the driving model. For example, C2 driver's license cannot drive C1 driver's license. 3. Whether the other party borrows a car is prohibited by laws such as drunk driving and drug driving.
if the other party has the ability to pay compensation, the car will mainly pay in advance: if the loss caused by the accident is large, the driver who caused the accident will not be able to pay compensation. The court will judge the owner to pay compensation in advance, but the amount paid will not exceed the price of the car itself. After that, the owner can recover the compensation paid in advance from the driver or his family.
will the insurance pay for lending the car to others?
Lending your car to others, besides worrying about joint legal liability, is also the most worrying thing for the owner, that is, whether the insurance can pay for it after an accident. In fact, as long as it is not the following two situations, you can get compensation.
No compensation for the second loan without the owner's consent: in the exemption clause of the insurance, it is clearly stipulated that the insurance company can refuse to pay for the loss caused by driving without the consent or permission of the insured.
if the other party's license is illegal and the license type does not match, the drunk driving insurance will not pay: different from the previous legal liability, if you know that the other party has no license, expired or revoked, or the license type does not match, you will lend the car to the other party after drunk driving. Accident insurance can also refuse to pay compensation, which is also clearly stipulated in the insurance exemption clause.
buy insurance with 1% deductible rate for the designated driver: when the owner buys insurance, there will be a column on the policy indicating whether the designated driver is designated. If you specify, you can get a certain insurance discount, but if you lend your car to someone else and have an accident, the insurance company will have a 1% deductible. For example, if the loss caused by the accident is $1,, minus 1% deductible of $1, ($1, * 1% = $1,), you can only get compensation of $9,.
What should I do if I have to borrow a car?
Sign a car borrowing contract
In China's human society, this means distrust among friends. If it is really necessary to sign a car loan contract, it is better not to borrow a car, because the car is unreliable.
lend it to friends who are reliable, have certain economic strength, have cars and have no bad records.
Tell the borrower not to borrow the car unless you have to, and don't embarrass your friends. Might as well rent a car to drive.
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