Who will bear the responsibility?
primary facts
Ren is a minor and doesn't have a driver's license, but he wants to rent an Audi car to travel. Because of his identity, he asked a friend with a driver's license, Wang, for help. The leasing company still signed a lease contract with Wang knowing that the actual user is Ren. And deliver the vehicle.
Unexpectedly, the accident happened. Ren's car collided with Xu's car. After being identified by the traffic police, he assumed the primary responsibility for the accident, Xu assumed the secondary responsibility, and Xu's vehicle insurance company assumed 30% of the responsibility according to the contract. Ren, Wang, the car rental company and the actual owner of the vehicle, Li, have conflicts over the remaining 70% compensation. The car rental company sued Wang to Baodi court, and Ren, his father and Li participated in the lawsuit as the third party without independent claim and the third party with independent claim respectively.
Precautions:
0 1
Generally speaking, the third party who has no independent claim right has no right to claim litigation, but it has legal interest in the outcome of the case;
02
Generally speaking, the third party with independent claim right can have independent claim right to the dispute between the original and the defendant, that is, it can bring a lawsuit.
At first, neither Ren nor Wang agreed to take responsibility. Ren argued that he was only the user, not the counterpart of the contract, and should not bear the responsibility; Wang raised his own question: he signed a contract with the car rental company, why should he claim compensation from himself?
Online popularization of law
The judge of Dakoutun Court of Baodi Court carried out the law popularization work in court and patiently explained to the parties why they needed to bear the responsibility.
# 1
1. Li is the actual owner of the vehicle involved, and signed an affiliation contract with the car rental company to hand over the vehicle to the car rental company. It is stipulated in the contract that all creditor's rights, debts and other economic disputes during the car rental period shall be borne by Li. According to this agreement, the car rental company has no right to claim compensation for vehicle losses, but liying claims compensation.
#2
Secondly, according to the provisions of Article 12 13 of the Civil Code, if the motor vehicle accident causes damage, which belongs to motor vehicle liability, the insurer who underwrites motor vehicle compulsory insurance shall make compensation in advance within the limit of compulsory insurance liability; The insufficient part shall be compensated by the insurer underwriting motor vehicle commercial insurance in accordance with the insurance contract; If the motor vehicle commercial insurance is still insufficient or uninsured, the infringer shall compensate. In this case, Li bought insurance for the vehicle involved, so the insurance company should bear the liability for compensation within the insurance liability insurance limit, and others should bear the shortfall.
#3
Third, according to the provisions of Article 1 165 of the Civil Code, if the actor infringes on the civil rights and interests of others due to his fault, he shall bear the tort liability. As an actual user, Ren still drives on the road knowing that he is not qualified to drive a motor vehicle, and also causes an accident due to violation of regulations. He is a direct infringer, and he is at fault and should bear the responsibility. It should be noted that if Ren acts as a person with limited capacity for civil conduct and causes damage to others, the guardian shall bear the tort liability, that is, Ren's father shall bear the responsibility. Of course, if Ren is a person with property, he can pay compensation from all his property, and the father will pay the shortfall.
#4
Fourth, according to Article 1209 of the General Principles of Civil Law, if the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, and a traffic accident causes damage, the motor vehicle user shall be liable for compensation; If the owner or manager of a motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation. In this case, the leasing company and Wang both knew that Ren was a minor and did not obtain a driver's license, but they still leased the vehicle to the actual user Ren. Obviously, they all have different degrees of fault, so they need to bear the responsibility.
To sum up, within the scope of deducting the liability of the insurance company, the car rental company, Ren and Wang need to be liable for Li's losses.
The parties were impressed by the profound knowledge and rich trial experience of the judge in charge and expressed the hope that the judge would preside over the mediation work in court.
Finally, under the mediation of the judge in charge, all parties agreed that the car rental company should bear 50% of the compensation liability, any party should bear 40% of the compensation liability, and Wang should bear 10% of the compensation liability. Although Li said in court that he did not ask the car rental company to bear the liability for compensation, it was a waiver of his rights and the court had no right to interfere.
As a minor, it is extremely selfish to drive opportunistically on the road without obtaining a driver's license, regardless of their own lives and others' lives. Wang and the leasing company turned a blind eye to this, not only did not stop it, but also let it seriously disrupt the road traffic order. This is also extremely irresponsible behavior.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, anyone who drives a motor vehicle without driving qualification and constitutes a crime of traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Fortunately, Xu, the infringer, was only slightly injured in the accident. If he is seriously injured, dies or causes heavy losses to public or private property, minors who have reached the age of criminal responsibility will bear criminal responsibility and be punished. I hope they can wake up and take this as a warning, and don't take chances to commit illegal and criminal acts, so that they can't go back.