The vehicle is in everyone's interest and trust-based vehicle rental, lend them to others to use the case, according to motor vehicle operation run interests of domination and ownership of principle, in a motor vehicle owner will be legitimate transfer of motor vehicles (rental, lending) to others when possession lessee of the vehicle, the borrower has become dominated by motor vehicle and run home run interests were. Therefore, as a traffic accident, the lessee shall be liable for compensation and the borrower. If the owners of the leased motor vehicle or motor vehicle loan knowingly flawed and still lease, lend, or knowingly lessee and the borrower does not have to use a vehicle driving qualifications or skills but still rental, lending and traffic accidents. Relationship based on trust, it should be by the lessor, lessee or lender, the borrower jointly and severally liable, the victim can be either one or both of the compensation request, more conducive to the protection of the rights of victims.
By car accident should be noted that several situations:
1, if the person driving without a license, by car, and died in the accident, should be how to deal with? Damage caused by car accidents, the Lender shall bear tort liability. If you borrow the car people driving without a license, the lender knowingly lend, but also to take responsibility. People cause themselves harm by car, belonging own risk, is disregard for their own safety, in principle, should be at his own risk, but the lender knowingly borrow and lend the car man driving without a license, is also at fault, it should bear appropriate responsibility. As Liu lend their cars without a driver's license who opened an accident. Results Liu had jointly and severally liable. Qiaokou court judge hearing the case, last year November 6, Hu (no driver's license) by Liu Chang minibus open, after the car out of control toward the street, Lee hit the pedestrian. Affirming concluded that Hu bear full responsibility. Lee spent nearly 20,000 yuan for medical expenses, but only Humou compensation of 5,000 yuan. Lee Hu Bianxiang court, Liu. Court that Hu should bear the full liability. Ryu system owner of the vehicle, the vehicle does not exercise management responsibilities, should bear joint and several liability.
2, people have a driver's license by car, there is a clear agreement to borrow the car accident conceited person by car accidents, should bear the liability. Example 4 April this year, the festival this day, to coincide with the weekend, the owner Lin Hao, Wang Huirong couple driving the car lend friend Wang Zhi, three to go back to Shuangliu Wang Huirong home. 20:30, Wang Zhi-high drive line when the 1st District entrepreneurial path, the retired female teacher Deng Suzhen hit, Deng was sent to the hospital after she died. June 5, the Chengdu Public Security Bureau issued "road traffic accident liability Confirmation", identified the driver Wang Zhi and Deng Suzhen bear equal responsibility. In mid-October, by the court, Wang Zhi finds that there is no fault in the driving process, and therefore ordered it to compensate the victims' families 10.2 million yuan. For owners 郝林夫 women, the court held that the plaintiff has no evidence to prove the existence of fault or by car to get the benefit of its process, thus women not liable for compensation. After the lease or loan scenarios vehicle accidents while driving occurred
3, the motor vehicle loaned to others free of charge, if the lender has not lost at this time to lend a motor vehicle disposal management rights, the lender shall be liable for compensation; if the lender had actually been lost at this time to dominate the management of loan vehicle or unable to exercise the right to govern management, lenders are generally not liable, or is the objective imputation. Free way to lend the vehicle to borrow long-term situation of people use, in which case the lender has indeed lost the run of disposable vehicle and can not get people to borrow the car to run interests liable.
