Borrowing an ID card to buy a car almost "spread things".
It is understandable to help relatives and friends, but you should pay more attention to helping others, otherwise you are likely to get yourself into trouble. This is not true. Recently, a citizen lent his ID card to a friend to buy a motorcycle, which almost "spread things".
Citizen Zhang Ming (pseudonym) lent his ID card to Li De (pseudonym), a relative with a foreign hukou, to buy a car, which was convenient for him to settle down, but unexpectedly, he almost "spread things" 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.
Lawyer Meng introduced that in judicial practice, whether the nominal owner is liable for compensation depends on whether the actual owner of the vehicle can be identified, which is generally divided into the following two situations:
First, if the registered owner and the actual owner take part in the lawsuit at the same time and acknowledge the actual ownership of the vehicle. Since the registered owner did not invest in the purchase and use of the vehicle, he was not the actual owner of the vehicle's "operating right" and "operating income", and the registered owner could prove that he was not at fault in the process of lending his ID card to others to buy a car, the plaintiff had no objection to borrowing the ID card to buy a car, so the registered owner should not be liable for compensation, and the actual owner should be liable for civil compensation.
Second, if the actual owner refuses to admit the actual ownership of the vehicle, refuses to appear in court, escapes after the accident, and the registered owner cannot provide sufficient evidence to prove the actual owner of the vehicle, then the actual ownership of the vehicle cannot be ascertained. Because vehicle registration has the function of property rights publicity, for a bona fide third party, the registered owner is the owner of the vehicle. If the registered owner is recognized as the actual owner of the vehicle, according to the provisions of Article 49 of the Tort Liability Law of People's Republic of China (PRC), the general motor vehicle owner is not at fault and generally does not bear the liability for compensation. However, if the driver of the vehicle is driving without a license or drunk driving, the vehicle registration owner should also bear the corresponding liability for compensation.
Lawyers also reminded that citizenship is exclusive, and it is necessary to be cautious in lending proof of identity, otherwise improper lending will cause unnecessary trouble. (Huaibei News Network)