Case name
Wen Zhiyong accuses Li Yang, day amounts to desk of issue of liability of accident of traffic of Motor Corporation motor vehicle
One, the case is basic information
Date of first instance record: Court of people of division of Beijing abundant stage (2013) Feng Minchu word the 06865th
2 try a case date: Beijing court of the 2nd intermediate people (2014) 2 in civilian eventually word the 06301st
2, basic details of a case
On September 18, 2012 15 when make, li Yang amounts to Motor Corporation to buy small-sized car to the day, its owe partial money in the vogue that make a money. 16 when make, staff member of You Tianda Motor Corporation and Li Yang's person of the same trade take a money, li Yang drives the brand do not have date that its buy small-sized car is in card of one steam masses day of Ou Tianan market amounts to Beijing abundant stage when be being sailed to westing by north inside courtyard of inn of Motor Corporation 4S, comfortable Zhu Meixian drives sail by Dong Xiangxi travel by Wen Zhiyong after dynamoelectric bicycle, small-sized car right forehead and dynamoelectric bicycle rear are contacted, cause Wen Zhiyong, Zhu Meixian to get hurt, two cars attaint. Group of bridge of channel of Lu of detachment of abundant stage traffic holds management board of traffic of public security of Beijing public security bureau: Li Yang suffers an accident total liability, wen Zhiyong, Zhu Meixian is unaccountable. Wen Zhiyong is in armed police Beijing after total fleet hospitalization of the 3rd hospital, be admitted to hospital diagnose for: Pelvic fracture; Leave hospital diagnose: Contusion of pelvic fracture, sacrum fracture, pubic fracture, clavicular fracture, double lung. Via appraisal Wen Zhiyong disables integratedly compensatory index is 20% . Wen Zhiyong accuses to the court medical treatment of request the accused is expended, nurse the each compensation loss such as cost of cost, delay one's work adds up to more than yuan 470 thousand. Li Yang argue says, do not agree with the appeal of accuser, think because the day amounts to consciousness of Motor Corporation safety to be less than,the accident is, did not use up necessary demonstrative obligation, below the case that makes strong narrow pass without pay, allow car start off, the day amounts to Motor Corporation to should bear main responsibility. The day amounts to Motor Corporation argue to say, different idea tells bring a case to court the plea formerly. Accident that day is Li Yang, Wen Zhiyong, Zhu Meixian 3 people come my company to buy a car, after handing in a car to end, li Yang drives contuse Wen Zhiyong and Zhu Meixian when car delivery of cargo from storage, the policeman did not decide responsibility of my company negative accident. What Wen Zhiyong narrates Li Yang to drive my company tries drive accident of car happening traffic, not agree with with the fact. My company and Li Yang are done not have subjective the collective and intended or common error that go up, also be not direct union, the droit of this car already transferred Li Yang, did not deal with to Li Yang face time signal card and the consequence that make strong narrow pass, my company all already arrived tell obligation.
3, case focus
The focus of this case controversy amounts to Motor Corporation to whether ought to be opposite for the day of Wen Zhiyong damage assume liability to pay compensation.
4, juridical argument
In this case, amount to the allegation of Motor Corporation and Li Yang according to the day, what the Li Yang before the accident buys car to still have partial money outstanding, before the origin of accident happening also amounts to Motor Corporation staff member to accompany Li Yang for the day, go to take place to owe partial money, and the allegation that amounts to Motor Corporation according to the day, this car buys car bill to also did not give Li Yang. Reason this, what the Li Yang when cognizance accident happens buys the droit of car to still was not transferred. " top people court about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " the 19th regulation: "Did not cast lawfully protect the motor vehicle that makes strong narrow pass to produce traffic accident to cause damage, party requests to cast protect obligor falling limit of strong danger liability give inside limits of compensation, people court should grant to support. Cast protecting obligor and infringer is not same person, party requests to cast protect obligor and infringer handing in what joint liability assumes inside range of limit of strong danger liability, people court should grant to support. " when accident happening, this car was not cast protect make strong narrow pass, below the condition that did not change in car ownership, the day amounts to Motor Corporation to regard car ownership as person and this car make strong narrow pass cast protect obligor, li Yang serves as an infringer, both is falling strong danger limit be opposite inside limits of Wen Zhiyong damage assume implicative liability to pay compensation.
" 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. " the part that makes strong danger quota more than to the loss amount of Wen Zhiyong happening, the card do not have date that Wen Zhiyong takes Zhu Meixian to drive is dynamoelectric travel of bicycle start off, oneself is put in certain fault, wen Zhiyong assumes an accident the responsibility of 30% . Amount to the responsibility between Motor Corporation to differentiate to Li Yang and day problem, li Yang drives to was not obtained temporarily license plate, did not cast keep the car that makes strong narrow pass, not safe also the immediate cause that driving is accident happening. The day amounts to Motor Corporation to serve as the droit person of car to drive this car by Li Yang, it is the condition of accident happening, the day amounts to Motor Corporation to did not use up administrative obligation, also have fault. In this second traffic accident, li Yang serves as have drive person of competence of completely civil action, its drive not agree with between the behavior that behavior and day amount to Motor Corporation to did not use up administrative obligation on lawful law to collective tort make important document, the day amounts to Motor Corporation to serve as the regulation that makes choose and employ persons ought to narrate law before the basis to assume corresponding liability to pay compensation severally as everybody and Li Yang. Amount to the responsibility between Motor Corporation to differentiate to Li Yang and day, according to bilateral fault degree, decide what Li Yang serves as car to drive person namely the infringer of accident happening assumes the responsibility of 60% , the day amounts to Motor Corporation to assume the responsibility of 40% below the circumstance that did not use up administrative responsibility.
5, explanation
The difficulty of this case judge basically has at 3 o'clock: It is the move that whether has car of the cause trouble when the accident completed property; 2 it is to drive person Li Yang and day amount to Motor Corporation to whether form collective tort; 3 it is the day amounts to Motor Corporation to whether ought to be opposite of Wen Zhiyong damage assume liability to pay compensation and how to decide responsibility scale. In case cognizance process, former defendant is put to this have bigger difference.
Whether has car of the cause trouble when 01 accidents finished droit move
To motor vehicle droit move existence consign says, the antagonism that register says, register say to wait for a viewpoint, the firm rate of the cognizance standard that afore-mentioned viewpoints change to motor vehicle droit is ordinal those who increase by degrees. In this case, amount to the allegation of Motor Corporation and Li Yang according to the day, what the Li Yang before the accident buys car to still have partial money outstanding, before the origin of accident happening also amounts to Motor Corporation staff member to accompany Li Yang for the day, go to take place to owe partial money, and the allegation that amounts to Motor Corporation according to the day, the Yi Wei when this car buys car bill accident gives Li Yang. Reason this, inside the control limits that the car when the accident still amounts to Motor Corporation in the day, namely car has not deliver to Li Yang and did not undertake modificatory registering. So, what the Li Yang when should maintaining accident happening buys the droit of car to still was not transferred. Accordingly, the droit person of car remains a day to amount to Motor Corporation, make strong narrow pass namely cast protect obligor. Reason basis " top people court about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " the 19th regulation: "Did not cast lawfully protect the motor vehicle that makes strong narrow pass to produce traffic accident to cause damage, party requests to cast protect obligor falling limit of strong danger liability give inside limits of compensation, people court should grant to support. Cast protecting obligor and infringer is not same person, party requests to cast protect obligor and infringer handing in what joint liability assumes inside range of limit of strong danger liability, people court should grant to support. " when accident happening, this car was not cast protect make strong narrow pass namely start off, below the condition that did not change in car ownership, the day amounts to Motor Corporation to regard car ownership as person and this car make strong narrow pass cast protect obligor, li Yang serves as an infringer, both is falling strong danger limit be opposite inside limits of Wen Zhiyong damage assume implicative liability to pay compensation.
02 days amount to the responsibility between Motor Corporation and Li Yang maintain
The day amounts to car everybody Motor Corporation acquiesces in Li Yang to drive take a money, essence is to use a relationship between both. According to " 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. " the day amounts to everybody of the car in this case Motor Corporation is in know perfectly well car to was not obtained temporarily license plate, did not cast protect the case that makes strong narrow pass to fall, make the car grant Li Yang is used, li Yang drives traffic accident produces when taking a money, the day amounts to Motor Corporation to exist to did not fulfill the fault that manages obligation apparently. But, this kind of fault and Li Yang do not make common mistake, both is not to stem from collective intended also or it is common error, there is the meaning contact of any forms between both sides, did not cast protect those who make strong danger and conduct of traffic accident tort also nonexistent any direct or indirect causal, accordingly, 2 the accused do not form collective tort. But, the day amounts to Motor Corporation inactive do not cast protected the active tort conduct that makes strong danger behavior and Li Yang to produce contest to close, although was not cast,keep the direct account that making strong narrow pass is not accident happening namely, but produced practical effect however to the result of accident happening, be protected to the medical treatment cure of accident victim, rights and interests on one hand and suffer countervail to will produce an effect, also assume generation influence in the liability to pay compensation when producing traffic accident to car borrower on the other hand, accordingly, all did not arrive legal cast the day that keeps obligation to amount to Motor Corporation to also ought to assume corresponding additional responsibility to the accident.
03 maintain to what Li Yang and day amount to the responsibility between Motor Corporation to differentiate
Amount to the responsibility between Motor Corporation to differentiate to Li Yang and day problem, li Yang drives to was not obtained as person of complete conduct competence temporarily license plate, did not cast keep the car that makes strong narrow pass, not safe drive, cause Wen Zhiyong to get hurt, it is the immediate cause of accident happening. The day amounts to Motor Corporation to serve as the droit person of car to drive this car by Li Yang, it is the condition of accident happening, the day amounts to Motor Corporation to did not use up administrative obligation, also have fault. According to bilateral fault degree, this academy decides what Li Yang serves as car to drive person namely the infringer of accident happening assumes the responsibility of 60% , because did not fulfill administrative obligation to assume the responsibility of 40% ,the day amounts to Motor Corporation.
Write a person: Court of people of division of Beijing abundant stage still is jumped completely
