In actual life, the relationship is closer between the colleague, perhaps live in the home close, by the way, in commute the takes a car freely case in road cans be found everywhere. If produce traffic accident,this kind of case falls, in the other side complete duty below the circumstance, ought to undertake by insurance company of the other side and accident responsibility person this is to do not have interrogative compensatory. And bilateral to the accident all responsible, had compensated for in insurance company of the other side and accident responsibility person end, and the insurance company of one's own side (danger of responsibility of the personnel on the car) after also undertaking compensatory, take a person to still have pecuniary loss, whether does the person that be taken need to assume liability to pay compensation this one problem, put in the difference with very big move in judicatory practice.
Try directive opinion of the expert according to top people court, combine a few legal precedent of each district court at the same time. We think, agree with other to build a car freely (multiply together favorably namely) behavior belongs to civil code theory medium " behavior of well-intentioned Shi Hui " . To multiplying those who cause a passenger to damage together favorably, drive responsibility property of the person should be general tort liability, drive the person assumes fault responsibility. Damage to building what car person gets namely, drive the person has fault, assume corresponding liability to pay compensation; Drive the person does not have fault, do not assume liability to pay compensation. If policeman branch is maintained,drive the person assumes accident responsibility, can drive in order to think the fault with person constant presence, ought to assume liability to pay compensation. But because drive,the person agrees with other to be taken freely, do not have collection any charge, did not get economic benefit, reason cannot be criticized severely overly to its, can the particular case according to the case, reduce appropriately drive the person's liability to pay compensation. And take a person to have fault, ought to reduce drive the person's liability to pay compensation. Main in practice show is the fault that takes a person: In take know perfectly well place to build car to exist before overweighted, car condition is bad (do not shine like lamplight, brake undesirable, horn is not noisy wait) , perhaps drive the person is drunken drive, did not drive the apparent driving such as the qualification risk, still insist to take.
