Second, the Tort Liability Law? Chapter VI Liability for Motor Vehicle Traffic Accidents
Forty-eighth motor vehicle traffic accidents caused damage, in accordance with the relevant provisions of the road traffic safety law, bear the liability for compensation.
Article 49 If the owner and user of a motor vehicle are not the same person due to leasing or lending, and one party of the motor vehicle is liable after a traffic accident, the insurance company shall make compensation within the liability limit of compulsory motor vehicle insurance. For the insufficient part, the motor vehicle user shall be liable for compensation; If the owner of a motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation.
Article 50 If a party transfers a motor vehicle by buying or selling, but fails to register the transfer, and it is the motor vehicle's liability after a traffic accident, the insurance company shall make compensation within the limit of motor vehicle compulsory insurance liability. For the insufficient part, the transferee shall be liable for compensation.
Article 53? If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall make compensation within the liability limit of compulsory insurance for motor vehicles; If the motor vehicle is unknown or the motor vehicle does not participate in compulsory insurance, and it is necessary to pay the rescue and funeral expenses of the infringed person's personal injury or death, it shall be paid in advance by the social assistance fund for road traffic accidents.
After the social assistance fund for road traffic accidents is advanced, its management institution has the right to recover from the person responsible for traffic accidents.
Zhang Ming (a pseudonym), an extended information citizen, lent his ID card to Li De (a pseudonym), a relative of a foreign household registration, in order to help him buy a car and settle down conveniently. Unexpectedly, he almost got into trouble recently.
During May Day, Li De drove his motorcycle back to his hometown Suzhou for the New Year, and collided with an electric car on the way, causing the owner of the electric car, Wang Li (a pseudonym), to be injured. Wang Li spent more than 30 thousand in hospital.
The injured Wang Li believes that Li De is the driver who should bear the main responsibility for the accident, and Zhang Ming, as the owner of the vehicle registration, should also bear the corresponding responsibility, so Zhang Ming is required to lose money.
Zhang Ming believes that although the car is registered in his own name, the traffic accident has nothing to do with himself and should not be liable for compensation.
"At first, Li De didn't want to admit that the car was registered with my ID card. Later, under the negotiation of our two sides and the reconciliation of relatives, he was willing to admit that he was a close relative, but he was very unhappy about it. " Zhang Ming said.
Meng Chunjiang, a lawyer from a law firm near the Xiangshan District Court in Huaibei City, said that if Li De's statement on vehicle ownership is consistent with Zhang Ming's statement, and the injured Wang Li has no objection to this statement, then Zhang Ming is not the actual owner of the vehicle and has no actual control, management and benefit rights to the vehicle, so he should not be liable for compensation.
However, if Li Dehe Zhang Ming's statement is inconsistent and does not recognize the actual ownership of the vehicle, then it is impossible to find out the actual ownership of the vehicle. If Li De has been drinking in this accident, then Zhang Ming should also bear certain responsibilities.
Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law