Special reminder is that whether you are helping others or commercial transportation.
Case 1: An employee of our company lends his car to a colleague, who drives his girlfriend, parents and his girlfriend's sister to travel. A rear-end collision occurred on the expressway, causing minor injuries to the driver of the motor vehicle and his girlfriend's sister, serious injuries to his girlfriend's parents, and paraplegia of his girlfriend (engaged in a high-paying industry, looking in the top ten of the unit). The traffic police department ruled that the driver was fully responsible for the accident and was responsible for paying all medical expenses and the expenses required by the injured person in accordance with the traffic law in the future. At present, the medical expenses of the accident have reached more than 500 thousand RMB, and the driver of the car has been unable to bear all the expenses. The traffic police department has asked the car owner to continue to pay the balance of medical expenses through legal procedures, and the insurance company has paid per person 1 10,000 yuan for the seat insurance of the passengers in the car according to the insurance contract, accounting for 50,000 yuan of insurance expenses. The remaining medical expenses, follow-up treatment expenses and living expenses shall be borne by the motor vehicle owner and motor vehicle driver. It is estimated that the total amount of motor vehicle accident compensation that the two people will ultimately bear is about 1 10,000 yuan.
Case 2: The borrowed float hit a car.
On February 9, 2004, 26-year-old Xiao Liao got married. He borrowed an "agricultural vehicle" from his friend Lin to make a float, and his neighbor became a driver. At noon, Xiao Liao, the groom who was waiting for a wedding banquet at the hotel, suddenly received a phone call saying that he collided with an unlicensed motorcycle on the way and the motorcycle driver Huang was injured. Because Chen Mou drove over the yellow line, the traffic police sentenced the driver Chen Mou to take full responsibility.
Next, Xiao Liao's family lived like a year: stacks of RMB were exchanged for medical expenses.
The groom was sentenced to the main responsibility.
After the accident, Xiao Liao discussed with the driver, and the injured person paid half of the medical expenses and compensated for the losses. There was no need to lend the car to the owner Lin kindly, but no agreement was reached. Later, the injured took Xiao Liao to court. The result of the first-instance judgment was that the driver was not responsible, Xiao Liao was mainly responsible, and the owner Lin was jointly and severally liable. Xiao Liao felt very wronged: "I only spent more than 10,000 yuan on wine, and now the medical expenses and lawyer's fees are more than 1.2 million." I didn't drive, and I wasn't there. Why don't drivers have to bear any responsibility? " Xiao Liao appealed, demanding that Chen Mou be liable for compensation according to law. Not long ago, Huizhou Intermediate People's Court made a final judgment, adding that Chen Mou, the driver, was jointly and severally liable for the debt.
Lawyer's comments:
The beneficiary is indeed responsible.
In this regard, Wang Weizhou, a lawyer from Guangdong Deke Law Firm, explained that the responsibility of the owner is actually a supplementary responsibility. The owner Lin lent his car to others, and a traffic accident happened, which caused harm to others, indicating that the owner was negligent in lending the car, or did not supervise the use of the car, and needed to bear joint and several liability for compensation to the injured.
Why is Xiao Liao, who is neither a driver nor a car owner, mainly responsible? Lawyer Wang Weizhou believes that Xiao Liao, as the actual beneficiary, has actually formed the relationship between the helper and the helped with Chen Mou. Because the helper is actually the beneficiary of the helper's behavior, for the purpose of adjusting social relations, as long as the helper is not out of serious fault (including intentional and gross negligence), the helper should bear the corresponding liability for personal injury and injury to the third person caused by helping the laborer.
I hope to remind car owners to be responsible for themselves and others.