Accidents involving vehicles attached to logistics companies. How much liability does the logistics

How to minimize the loss of anchorage? You need to know these things.

Summary. Hello, I am honored to answer for you, the logistics company is affiliated with the vehicle is legal, the vehicle is attached for the convenience of traffic operation, the vehicle is registered in the name of the unit with the qualification of transportation operation right, has been operated in the name of the unit, and the sponsor pays a certain fee to the affiliated unit, the "Civil Code Law" is supported and recognized.

Excuse me, my truck was bought in full, and the attachment expires, and the ownership must be transferred to my own name, and the affiliated company needs 13% tax reasonable.

Hello, I am honored to answer for you, the logistics company is affiliated with the vehicle is legal hunger, the vehicle is for the convenience of traffic operation, the vehicle registration is rotten in the name of the unit with the right to operate the transport operation, has been to the unit of the rotten name for operation, and by the sponsor to the affiliated unit to pay a certain fee, the "Civil Code Law" is supported and recognized.

It is tax of the depreciation of the vehicle.

Hello, the pro who needs to pay taxes at the time of transfer is charged according to the standard of second-hand car transfer fee, which is about four percent of the levy rate minus half of the value-added tax.

Hello, the tax charged by the affiliated unit of 13 is also a reasonable pro.

Hello, the tax on the depreciation of the vehicle collected by the affiliated unit is the value-added tax that needs to be levied and collected. It is a kind of turnover tax levied on the basis of the value-added amount generated by the commodity in the process of circulation. Make the skin

Analysis of the law: if the vehicle is affiliated with the unit, and after a traffic accident occurs, if the vehicle operator does not sell the town and can perform the responsibility of compensation, the vehicle affiliated unit shall bear the corresponding joint and several liability.

Legal basis: Article 1211 of the Civil Code of the People's Republic of China If a motor vehicle engaged in road transport business activities in the form of affiliation causes damage caused by a traffic accident, and the motor vehicle is the responsibility of one party to the motor vehicle, the sponsor and the affiliated party shall bear joint and several liability.

If a traffic accident occurs in a motor vehicle operated by the affiliated operator and causes damage to others, the affiliated person and the affiliated person shall be jointly and severally liable for compensation.

In the event of a traffic accident involving the attached vehicle, the affiliated unit shall be the owner of the vehicle. From the perspective of the external relationship between the affiliated vehicle and the affiliated unit, the wheel of the affiliated vehicle is not carrying out civil activities in the name of the affiliated unit, and the bona fide third party is sufficient to believe that the affiliated unit has the right to carry out civil acts with the owner of the affiliated vehicle, so the affiliated unit bears joint and several liability for compensation.

According to Article 1209 of the Civil Code [Tort Liability when the Owner, Manager and User of a Motor Vehicle Are Inconsistent] If the damage caused by a traffic accident occurs due to leasing, borrowing, etc., when the owner, manager and user of the motor vehicle are not the same person, and the liability 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.

1. On-site investigation by the transportation department. After the traffic police department reviews the on-site investigation records, it shall require the parties or witnesses to sign the scene map. For the purpose of inspection, the vehicle that caused the accident and the relevant evidence of the parties may be detained.

2. Determination of traffic accident responsibility by the traffic department. After investigation, the traffic police department shall determine the responsibility of the parties according to the role played by the party's paitong selling behavior on the traffic accident and the severity of the fault.

3. The transportation department organizes compensation mediation. After confirming the end of the injured person ** or determining the result of the damage, if the parties to the accident agree to carry out compensation mediation, the traffic police department can organize mediation. The number of mediations is generally not more than 2.

If the mediation fails, fill in the "Mediation Conclusion Letter" and inform the parties to file a lawsuit with the people's court within the statutory limitation period. It is also possible to file a lawsuit directly with the people's court without applying for mediation.

4. Filing a lawsuit with the people's court. Entrust a lawyer or file a lawsuit in the people's court on your own, and generally file a lawsuit in the basic people's court at the place where the accident occurred. During the court proceedings, the parties may mediate under the auspices of the court and reach a mediation agreement. If mediation fails, the court shall make a judgment in accordance with law.

5. Apply for compulsory enforcement. If the person obligated to perform the judgment fails to perform the obligation to compensate within the time limit determined by the judgment or mediation, the plaintiff may apply to the people's court for compulsory enforcement, and the court enforcement bureau shall enforce the obligation to perform the obligation of compensation to the obligor for compensation.

Legal Analysis: Not Undertaken. The carrier shall be liable for compensation for the damage or loss of the goods during transportation.

However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, he shall not be liable for compensation.

Legal basis: Article 832 of the Civil Code of the People's Republic of China The carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, and the fault of the shipper or consignee, the carrier shall not be liable for compensation.

Not assumed. The carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.

1. Whether the loss of freight in the contract of carriage should be supported.

Freight losses are not supported or not, as the case may be. If the carrier fails to accurately indicate to the carrier the necessary circumstances for the carriage of the goods, resulting in losses to the carrier, the shipper shall be liable for damages. If the goods are lost due to force majeure during transportation and the freight is not charged, the carrier shall not require payment of transportation fees; If the freight has been collected, the shipper may request a refund.

2. Whose responsibility is the contract of carriage.

The liabilities of the parties to the contract of carriage are:

1.Passenger**'s Liability for Damages. The carrier shall be liable for damages to the passenger during the carriage, unless it is caused by the passenger's own health or the carrier proves that the damage is caused by the passenger's intention or gross negligence.

2.Liability for Baggage. If the carrier is at fault for the damage or loss of the passenger's own belongings during transportation, it shall be liable for damages.

3. The principle of compensation for disputes over the contract of carriage.

The carrier's liability for damage to the goods does not depend on whether there is subjective fault, but only on the occurrence of damage, loss or loss of the goods during transportation, and the principle of strict liability is adopted.

If the damage or loss of the cargo is caused by force majeure, the natural nature of the cargo itself or reasonable wear and tear, or the fault of the shipper or consignee, it shall not be liable for compensation.

Article 832 of the Civil Code of the People's Republic of China provides that the carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.