Do students need to compensate for the cost of scraping accidents during the driving school learning

Updated on society 2024-03-01
11 answers
  1. Anonymous users2024-02-06

    According to the second paragraph of Article 20 of the Regulations for the Implementation of the Road Traffic Safety Law, learning to drive on the road shall be carried out in accordance with the route and time designated by the traffic management department of the public security organ. To learn motor vehicle driving skills on the road, the coach should be used, under the guidance of the instructor, and the personnel who have nothing to do with the teaching are not allowed to take the coach. If the trainees have road traffic safety violations or cause traffic accidents while learning to drive, the instructor shall bear the responsibility.

    In addition, according to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, if a person receiving motor vehicle driving training causes damage in a traffic accident while driving a motor vehicle during training activities, it is the responsibility of one party to the motor vehicle, and the people's court shall support the request of the party concerned that the driving training unit bear the liability for compensation. Therefore, under normal circumstances, students do not need to be held responsible for traffic accidents in the process of learning to drive, and their responsibilities are replaced by their instructors, and the responsibilities of the instructors are borne by the driving school. After the driving school assumes responsibility, if the traffic accident occurs due to the instructor's intentional or gross negligence in the teaching process, the driving school can recover from the instructor.

  2. Anonymous users2024-02-05

    It depends. 1. In the absence of the coach, students are not allowed to practice alone, and they are responsible for any accidents. 2. In the presence of the coach, the coach is responsible for the traffic accident.

    Driving school: A driving school is a legal entity with certain qualifications that trains drivers in accordance with the syllabus of motor vehicle driver quality education. Here you can learn the driving skills of driving a variety of motor vehicles, mainly automobiles.

    You can also learn a lot of theoretical knowledge about traffic laws, traffic signs, etc. here. Generally, a master with a coach qualification (most of whom are veteran drivers) will serve as an instructor to provide assistance to those who have obtained a driver's license. According to Article 20 of the Road Traffic Safety Law"The driving training of motor vehicles shall be socialized, and the competent departments of transportation shall implement qualification management for driving training schools and driving training courses"。

    Therefore, the competent authorities of driving schools are the Ministry of Transport and the Ministry of Public Security.

  3. Anonymous users2024-02-04

    This is not required, students do not have driving qualifications, is under the guidance of the instructor on the road training, in the event of an accident, by the instructor is responsible for the accident responsibility, the cost of the driving school to bear.

  4. Anonymous users2024-02-03

    Do students need to compensate for the cost of scraping accidents during the driving school learning to drive? I don't think students need to be compensated for the scratch costs during the driving school learning period. Because the students have paid the tuition, there are coaches who follow the coaches to do the same.

  5. Anonymous users2024-02-02

    Do students need to compensate for the cost of scraping accidents during the driving school learning to drive? I think the students must be compensated, for example, this incident was caused by you, so you should compensate more or less.

  6. Anonymous users2024-02-01

    Need.

    The Regulations of the People's Republic of China on the Administration of Motor Vehicle Driver Training stipulate that trainees should still be regarded as in the training stage during the driving test. Therefore, the driving school shall be liable for the losses caused by the accident caused by the trainee's driving motor vehicle during the driving test. In the case that the student is at fault, the driving school and the student shall determine the share of responsibility according to their respective faults.

  7. Anonymous users2024-01-31

    If the coach is damaged during the process of learning to drive, you need to bear the corresponding liability for compensation, but not all of the responsibility, and the coach will also bear part of the responsibility. After that, the coach will take insurance, and generally it will not pay much, because most of them are insured.

    Question: What should I do if I went to the training ground today and accidentally hit the ring?

    Q: What should I do if I hit the coach?

    Question: Coach does not have the full responsibility of the responsible student?

  8. Anonymous users2024-01-30

    Hello, according to the "Regulations for the Implementation of the Road Traffic Safety Law", if the trainees have road traffic safety violations or cause traffic accidents in the learning to drive, the instructor shall be liable. Driving school students are under the guidance of instructors, in a specific training site to learn the operation of the vehicle, due to the lack of driving experience, it is difficult to foresee what social consequences their behavior will bring, so it is difficult to determine whether the student is subjectively negligent. As the instructor of the students, if the coach fails to stop the wrong operation of the students in time at the time of the incident, there is negligence, so he should bear the corresponding responsibility.

    Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if the legal representative, responsible person or staff of a legal person or other organization causes injury in the course of performing their duties, the legal person or other organization shall bear civil liability in accordance with the provisions of Article 121 of the General Principles of the Civil Law. The instructor of the driving school is an act of duty, so the liability for damages of the students should ultimately be borne by the driving school. However, if the student's illegal act or the intentional act of the party involved in the traffic accident is the result of the person's gross negligence, and the instructor has exercised due care or taken necessary measures to stop the accident, the driving school's liability may be exempted or reduced.

  9. Anonymous users2024-01-29

    If your instructor is not there, the coach and the school are responsible; You practice and you run into a car, and you're also responsible. But to put you fully accountable, the school is a bit too much.

  10. Anonymous users2024-01-28

    No, just go and refund the tuition fee and re-apply.

  11. Anonymous users2024-01-27

    1. Do you need to lose money if you crash the car in a driving school?

    1. Whether you need to lose money if you crash the car in a driving school needs to be dealt with according to the actual situation. In the absence of an instructor, the student is responsible. If the instructor leaves the code for some personal reasons, the student is not responsible.

    The training track is specified by the coach and the students in advance, if the car is driven out of the original trajectory range, the coach car is damaged, the student will be responsible.

    2. Legal basis: Article 89 of the Detailed Rules for Deducting Points from Traffic Regulations.

    If the applicant uses a motor vehicle that meets the requirements to learn to drive and has road traffic safety violations or traffic accidents under the guidance of the instructor or the instructor with the special identification endorsement for learning to drive, the instructor or the instructor shall bear the responsibility in accordance with the provisions of Article 20 of the Regulations for the Implementation of the Road Traffic Safety Law.

    According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

    1. One person is killed or three or more people are seriously injured, and the person bears full or main responsibility for the accident;

    2. If there are more than 3 deaths, the person bears equal responsibility for the accident;

    3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan. The amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate. According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss is far more than 300,000 yuan but less than 300,000 yuan after compensation, it does not constitute this crime.

    4. If a traffic accident causes serious injury to more than one person, and bears full or primary responsibility for the accident, and has one of the following circumstances:

    1) Driving a motor vehicle after drinking alcohol or taking drugs;

    2) Driving a motor vehicle without driving qualifications;

    3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

    4) Knowingly driving a motor vehicle without a license or has been scrapped;

    5) Driving with serious overload;

    6) Fleeing the scene of an accident in order to evade legal prosecution.

    In the case of an electric vehicle hitting a person, there are still five types of responsibility for traffic accidents, and the traffic police will confirm the accident responsibility of both parties according to the results of on-site inspection and inspection. If the person returning to the city is not satisfied with the determination of responsibility for the traffic accident, he or she may apply for a review within the time prescribed by law.

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