Great river newspaper once had had a story: Meng Mou of inmate of county of pool of Mian of 3 gorge city rents stoned the friend the car, unexpectedly the other side drives in accident reason. Final, meng Mou besides family member of compensatory be murdered 125 thousand yuan outside, drive because of already constituting hazard blame accomplice, still be in by local court arrest battle 3 months, probation 6 months, punish gold 3000 yuan.
A day of October 2017 night, the first month has a meal since some and friend Liu some, during all drinkable liquor. After the meal, liu Mou says to want to send a friend to come home, meng Mou rents his to use his car then. Travel drives to to 318 provinces after Liu some wine when somewhere, produce traffic accident with the Han Mou of 2 rounds of motor that drive to travel together, cause Han Mou to die on the spot, autocycle takes person Chen Mou to get hurt.
After accident happening, liu Mou escapes be seized by the policeman after the spot. Classics appraisal, the alcohol content in Liu some blood is 144 Mg/100mL, form drunk drive. Car advocate relative of the injured party of the compensation after something of the first month 125 thousand yuan hind, gain relative of the injured party forgive.
The court thinks via cognizance, car advocate Meng Mou knows perfectly well Liu Mou to drink, will still the car borrows his to drive, cause Liu Mou drunk wine to drive the traffic accident that produces 1 person death, 1 person to get hurt, already formed danger to drive the accomplice of the blame, ought to drive with danger the blame investigates its criminal duty. Can recoup pecuniary loss of the injured party in time in view of Meng Mou and obtain forgive, have contrition show, make afore-mentioned court decisions finally.
So, borrow a car to once produce traffic accident car,give another person advocate be about to assume joint liability? The car rents below what case, car advocate do not carry duty? " law of liability of tort of People's Republic of China " and " law of safety of transportation of road of People's Republic of China " side to lend liability issue made specific and specific provision.
1. " law of liability of tort of People's Republic of China " the 49th regulation: "Because rent, use etc everybody of case motor vehicle and when making choose and employ persons is not same person, produce traffic postaccident to attribute responsibility of one party of this motor vehicle, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensation. Be not worth a part, by motor vehicle use person assumes liability to pay compensation; Motor vehicle everybody has fault to harm happening, assume corresponding liability to pay compensation. Assume corresponding liability to pay compensation..
2. " law of safety of transportation of road of People's Republic of China " the 76th regulation: "Accident of traffic of motor vehicle happening causes losing of person casualties, belongings, give inside range of limit of liability of compulsory insurance of liability of motor vehicle a third party by insurance company compensation. Exceed the share of liability limit, just assume liability to pay compensation by fault. Just assume liability to pay compensation by fault..
According to above relevant law sets, car of car chief commander borrows other to be in only car advocate the ability below the case that has fault needs to assume liability to pay compensation, and it is by its fault degree assumes corresponding responsibility. So, the issue came, what circumstance calculates motor vehicle everybody to there is fault?
1. knows obviously dawn borrows car person to drink, drug taking still rents person renting a car the car however, car advocate need assumes responsibility, person renting a car drinks after renting a car or of drug taking, car advocate need not assume joint liability.
The car that 2. knows perfectly well him has breakdown to still rent the car however, car advocate need assumes joint liability, the influence traffic such as bag of beat of the dynamical system that what the car breakdown that says here points to is car be borrowinged, brake system, tire is normal the problem of travel.
3. rents the person that does not have a driver's license car, car advocate need assumes responsibility. Not only should see the other side have without the driver's license, period of efficacy mixes the driver's license that notices the other side even to drive a model definitely, once the driver's license expires or allow what be rented car to drive a model to not agree with, car advocate need to assume joint liability. Usually, of hold C2 driver's license (be restricted to block a model automatically only) , cannot drive the hand is moved block a model. Additional, all autocycle belong to motor vehicle, before using autocycle, also need to examine its to whether be accorded with drive a model definitely.
[the lawyer is unscrambled]
The lawyer thinks, " law of liability of tort of People's Republic of China " in the 49th, the 50th, made provision of proclaimed in writing the 51st times to responsibility of accident of motor vehicle traffic. "The car of lend produces an accident, if indemonstrable car advocate have fault to harm happening, car advocate do not assume corresponding liability to pay compensation. " motor vehicle everybody has fault to harm happening, assume corresponding liability to pay compensation, assume the proportion of liability to pay compensation according to the size of fault namely.
Lawyer individual thinks, like lend the traffic with car bad condition, driver's license that knows perfectly well use person not to have qualification and lend car, know perfectly well use person drunk wine and the circumstance such as lend car, can regard lend as the car advocate existence fault. In judicatory practice, car advocate the premise that assumes liability to pay compensation still is fault of car everybody existence.
So, the friend rents a car, have to borrow, friendship the first, but how should be on guard risk? The lawyer teachs 3 action can avoid to carry under you duty:
It is to check " car " . Whether is the car that checks oneself put in brake apply the brake to be ineffective, disequilibrium of not bright, embryo pressing affects light etc the breakdown of safe travel, do not let love car in spite of illness to go to work. If your car is long not care and maintenance, existence hidden danger is potential, also be cannot of lend!
2 it is to check " illuminate " . Check a friend to have lawful driver's license, of the driver's license drive model and car to whether be accorded with definitely, taking motor license to want to borrow sedan to leave, that is not possible!
3 it is to check " person " . Check person renting a car to whether can drive, drink, have drug taking to drug... everybody drinks together, be sure to keep in mind the car key you to put put away, who to want to ask you borrow forthright ground to be drawn out! If car key is frivolous,be thrown on the desk or other the place that is taken away very easily, what because did not use up appropriate,keep likely also is compulsory and assume responsibility!
Anyhow, pass above content, friends understood to borrow the responsibility with jural car to differentiate, accomplish know fairly well. In the life, kin friends rent a car is one is in the thing that does not pass usually. Small make up suggest here everybody, although borrow a car to also want " cent person " , rent the person that relies on chart, the meeting in the heart is very dependable, although produced an accident, the other side at affection at manage also can be in charge of after all. Be sure to keep in mind cannot for temporarily face, send the issue that disputes over trifles after make trouble.
