Should the owner of the car be liable for compensation in the event of a traffic accident after the

There is an agreement between the owner of the vehicle and the lessee, and the law of tort liability also stipulates that the actual user of the vehicle is liable for compensation, and the owner is not liable, but the victim may sue the owner as a co-defendant.

On July 1, 2010, the Tort Liability Law came into effect, and there are clear provisions on the division of liability between the owner and the borrower of the vehicle, and Article 49 of the Tort Liability Law stipulates:

If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the motor vehicle is liable after a traffic accident, the insurance company shall compensate within the liability limit of the compulsory insurance of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

It can be seen that the owner of the car bears the fault liability in this case, that is, the accident of the loaned vehicle, if the owner cannot prove that the owner is at fault for the occurrence of the damage, the owner of the car does not bear the corresponding liability for compensation.

Taxis should be fully insured, the insurance company will bear the loss, if it is contracted rather than employed, then the owner is generally not liable, but the owner is insured, and the insurance company compensates for the loss. Feel helpful to you, thank you.

Whoever is in the name of the license is responsible.

1. In the event of a sales accident involving a rental vehicle, the lessor shall not be liable for compensation if it is not at fault for the damage. If there is fault for the occurrence of damages, the corresponding liability for compensation shall be borne. 2. When the owner and user of the motor vehicle are not the same person due to leasing, borrowing, etc., if the motor vehicle is the responsibility of one party after a traffic accident, the insurance company shall compensate within the limit of the compulsory insurance liability of the motor vehicle.

For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle has any omissions or mistakes in the occurrence of damage, he shall bear the corresponding liability for compensation.

Legal analysis: when the owner, manager and user of a motor vehicle are not the same person in the case of leasing, borrowing, etc., if the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Legal basis: Civil Code of the People's Republic of China Article 1209 If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle or the person in charge of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Legal analysis: when the owner, manager and user of a motor vehicle are not the same person in the case of leasing, borrowing, etc., if the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Legal basis: Article 1209 of the Civil Code of the People's Republic of China When the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident in the state section of the motor vehicle is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

If the taxi company hires a taxi driver to operate independently, the taxi company shall be liable for compensation according to the proportion of accident liability, and if it is a contracted business relationship, the contractor shall be jointly and severally liable for the compensation as soon as possible.

1. Who is responsible for the accident of free ride.

Who is responsible for the accident of free ride-hailing depends on the situation, and the main contents are as follows:

1) Who is responsible for the accident of free ride, if the driver is not at fault or intentional in the traffic accident, and the co-passenger is injured or property damage due to the traffic accident, the driver shall not be liable for compensation, and if there is intentional or fault, the victim shall be compensated for the loss as appropriate.

2) Who is responsible for the accident of free ride, if the occurrence of the damage is caused by the driver's negligence, whether it can be used as the driver's or owner's exemption from liability has been clearly explained, that is, free is not a prerequisite for exemption, as the driver or owner of the vehicle, agreeing to others to ride free of charge, itself has a duty of care to send others to the destination safely, and whether or not it is paid cannot be used as the standard to confirm whether this duty of care exists. There are still some differences between the goodwill ride and the paid ride, if the fee is charged, even if it is very low, or even low enough to compensate for the fuel fee, it is not a goodwill ride, but a paid ride, the purchase of a passenger transport contract, due to traffic accidents caused by personal injury or property damage to passengers, passengers can choose to serve meals according to tort (the driver is at fault or intentionally, often illegal driving) or breach of contract (the driver is not at fault or intentional), Similar to when taking a taxi or other means of public transportation.

2. How to deal with traffic accidents in taxis.

If a taxi accident causes damages, and the compensation right holder recovers the liability of the taxi's unit or individual for compensation beyond the limit of the compulsory traffic insurance, the court shall uphold it.

The "Opinions" clarify the liability for compensation for taxi traffic accidents and accidents caused by free rides.

The Opinions stipulate that if a taxi is involved in a traffic accident and the compensation right holder requests that the unit or individual operating the taxi be liable for the damage beyond the liability limit of the compulsory third-party liability insurance of the motor vehicle, the court shall support it.

If a taxi company with business qualifications rents a motor vehicle and delivers it to the lessee for use and collects the lease fee, and the lessee uses the leased motor vehicle and causes damage to a person in a traffic accident, the insurance company shall first compensate within the limits of the compulsory insurance liability of the third party liability of the motor vehicle in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China. The lessee of the motor vehicle shall be liable for compensation in accordance with the provisions of Article 76, Paragraph 1 (1) and (2) of the Road Traffic Safety Law of the People's Republic of China, and the lessor shall be jointly and severally liable for compensation. If the lessor has fulfilled its obligation to review the lessee's driving qualifications and the leased motor vehicle is not defective, the lessor may recover from the lessee after assuming responsibility; If the lessor fails to fulfill the obligation of examination or the leased motor vehicle is defective, it shall bear the corresponding civil liability according to the magnitude of its fault and the proportion of the causal force of the traffic accident.

If the owner of the motor vehicle is an individual, and the rental motor vehicle causes damage to a person in a traffic accident, it shall bear civil liability in accordance with the above principles.

Article 1209 of the Civil Code provides that if the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.