If a traffic accident occurs when borrowing a car, does the owner be jointly and severally liable fo

The Tort Liability Law of the People's Republic of China was passed and officially implemented by the National People's Congress, and there is a special chapter in the Tort Law on "Motor Vehicle Traffic Accident Liability", which makes it clear that if the vehicle owner is not at fault, he no longer has to bear the liability for compensation. In the Tort Liability Law, Articles 49, 50 and 51 all make explicit provisions on the liability for motor vehicle traffic accidents. --Determine the liability of the vehicle owner in a traffic accident as fault liability, that is, if the accident of the loaned vehicle cannot be proved that the owner is at fault for the occurrence of the damage, the owner will not 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, that is, the proportion of the liability for compensation according to the size of the fault.

As for the fault of the car owner, for example, if you know that the driver does not have a driver's license and still lend it, this is a fault.

The owner of the car borrowed the car and had an accident, and the owner of the car only needs to bear the liability for compensation if he is at fault. If the owner lends the car to someone else to drive, it is usually not liable for compensation, and the liability for compensation is first borne by the insurance company within the limit of the compulsory insurance liability of the motor vehicle, and the insufficient is borne by the actual user, that is, the person who borrowed the vehicle.

Is the owner of the car liable after an accident with a borrowed car? Pay attention to these points, the owner does not have to pay a penny.

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, and the insurance company shall generally compensate within the limit of the compulsory insurance liability of the third party liability of the motor vehicle, and the insufficient part shall bear the liability for compensation according to the fault. What should I do if the borrower is driving without a license and dies in an accident? If the loan car accident causes damage, the lender shall bear tort liability.

If the borrower is driving without a license, the lender will be held liable if the lender knowingly lends the car. In principle, the borrower should bear the risk of causing damage to himself, which is a disregard for his own safety, but the lender is also at fault for lending the car knowing that the borrower is driving without a license, and should bear appropriate responsibility. For example, Liu lent a private car to a person without a driver's license and had a car accident.

As a result, Liu had to bear joint and several liability. The insurance company's triple liability insurance will pay as usual. Motor vehicle third-party liability insurance is also responsible for compensation by the insurance company for the amount that should be paid by the insured in accordance with the law if the insured or its permitted qualified driver has an accident during the use of the insured vehicle, resulting in personal damage or property damage to the third party.

1. The driver is fully responsible for why the owner is responsible.

1) In the event of a traffic accident, the driver is fully responsible for the reason that the driver bears all the compensation costs, unless otherwise stipulated in the labor contract, but if the driver is unable to bear the compensation costs, then the car owner bears joint and several liability for compensation. As for how the driver and the owner of the vehicle solve the compensation, the two parties will negotiate, and if the negotiation fails, they will be jointly and severally liable in accordance with the law.

2) The prototype of the driver's full responsibility for the employer's liability for compensation is that a labor relationship has been formed between the two, which shall be compensated by the employer in accordance with the law, but after the party receiving the labor service bears the tort liability, it can recover compensation from the party providing the labor service intentionally or with gross negligence.

3) In the case of an employment relationship between the driver and the owner, the owner of the car needs to be responsible for the traffic accident, and the owner can recover from the old machine of Si Buyu.

4) If the driver is judged to be fully responsible for the traffic accident caused by the first authority, the owner shall bear full responsibility. Where the person does not perform or does not fully perform his duties, causing harm to the person, he shall bear civil liability. Where the person maliciously colludes with the counterparty to harm the lawful rights and interests of the person being subjected, the person and the counterpart shall be jointly and severally liable.

Legal basis

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 of the motor vehicles, 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. Is the owner of the car jointly and severally liable for a traffic accident caused by borrowing a car?

1. The owner of the car is not jointly and severally liable for a traffic accident when borrowing a car. If there is a fault, it is necessary to bear the liability of envy, and if there is no fault, the insurance company shall bear it within the limit of the liability of the compulsory insurance of the motor vehicle, but there is no joint and several liability.

2. Legal basis: Article 1215 of the Civil Code of the People's Republic of China.

Where a traffic accident causes damage to a stolen, robbed, or snatched motor vehicle, the thief, robber, or robber shall be liable for compensation. Where the person who steals, robs or robs the motor vehicle and the user of the motor vehicle are not the same person, and the damage caused by a traffic accident is the responsibility of the party that is responsible for the motor vehicle, the person who steals, robs or robs the person and the user of the motor vehicle shall bear joint and several liability.

If the insurer advances rescue expenses within the limit of liability of compulsory insurance for motor vehicles, it has the right to recover compensation from the person responsible for the traffic accident.

2. In the event of a traffic accident by borrowing a car, the insurance company will not compensate for it.

In the event of a traffic accident involving a borrowed car, the insurance company will not compensate for the following situations:

1. The driver does not have a driver's license or the validity period of the driver's license has expired;

2. The insured motor vehicle used does not match the type of quasi-driving vehicle stated in the driver's license;

3. The driver holds a driver's license that has not been verified in accordance with the regulations, and drives the insured motor vehicle during the period of suspension, detention, revocation or cancellation of the driver's license;

4. In accordance with laws and regulations or the relevant regulations of the traffic management department of the public security organ, it is not allowed to drive the insured motor vehicle under other circumstances.

If the owner of the car is at fault in the event of a traffic accident involving the borrowed car, he shall only bear the corresponding liability for compensation and shall not bear joint and several liability.

If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the liability of the motor vehicle party after a traffic accident occurs, 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 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 stipulates that 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, the motor vehicle user shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, the fictitious shall bear the corresponding liability for compensation.

Legal analysis: After a traffic accident occurs in a borrowed car, the original owner is not jointly and severally liable, but it is necessary to determine whether he needs to bear the share liability according to whether he is at fault. If the original owner is not at fault, he shall not be liable, and the user shall be liable for compensation; If the original owner is at fault, if he borrows the car knowing that the other party has drunk alcohol, then the original owner needs to bear the responsibility within the scope of the fault.

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

The owner of the vehicle is not jointly and severally liable. If the other party has a legal driver's license, the owner of the car has no liability for compensation: in fact, in the past, as long as the car was lent to others, the owner of the car had joint and several liability for compensation in any case in case of an accident.

1. The person who borrowed the car has a driver's license and has not revoked or expired.

2. The type of driver's license is in line with the driving model, for example, the C2 type of driver's license cannot be issued with a C1 type of driver's license.

3. Whether the other party has any legal prohibitions such as drunk driving and drug driving when borrowing the car. If the owner of the car lends the car knowing that the other party has drunk alcohol, and eventually causes the accident, the car is mainly jointly and severally liable for compensation. After the borrower hits and hits, the owner of the car is not liable for compensation.

Legal basis: Article 49 of the Tort Liability Law If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the liability of the motor vehicle party after a traffic accident occurs, the insurance company shall compensate within the limit of the liability 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.

If the owner lends the car to someone else to drive, he is usually not liable for compensation. The liability for compensation shall first be borne by the insurance company within the scope of the compulsory insurance liability limit of the chaotic motorized scattered vehicle, and if it is insufficient, it shall be borne by the actual user, that is, the person who borrowed the vehicle.

Legal basis

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 motor vehicle is the responsibility of one of the parties, 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.

Data Extensions

However, the owner of the vehicle is liable for compensation under the following circumstances:

(1) Knowing that the motor vehicle has a defect and the defect is one of the causes of the traffic accident, but still lends it;

3) Knowing that the driver is drinking, taking drugs, or suffering from diseases that hinder safe driving.

Under normal circumstances, the owner of the car does not need to bear joint and several liability, unless he lends the car knowing that the other party has drunk alcohol, and eventually causes an accident, the car is mainly liable for joint and several compensation.

Legal basis

In accordance with Article 1209 of the Civil Code (in force).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 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.

In addition, the car was borrowed, and after the accident, he escaped, and the victim also came to the door to claim compensation.

The Civil Code (in force) providesIf the driver hits and runs after the vehicle is lent, the insurance company will compensate within the limit, and the insufficient part will be paid by the road traffic accident social assistance**.

Finally, in order to prevent such a thing from happening, everyone borrowing a car must see clearly what kind of person the other party is, and you can't borrow a car casually, there is really no way to balance itConsider signing an agreement or a rental agreement, which not only exempts themselves from responsibility, but also avoids annoying their car after being damaged.