Does the renter have anything to do with the car owner if he has a traffic accident during the renta

There are relationalities. The owner of the car is also liable for compensation and is also primarily liable if the owner rents the car to someone who does not have a driver's license.

If the liability of the car owner is within the scope of compulsory traffic insurance or three liability insurance, it is generally borne by the insurance company.

But it's hard to say that the insurance company is exempt from liability.

Specific situations are analyzed on a case-by-case basis.

The Tort Liability Law, which came into effect on July 1, 2010, has clear provisions on the chapter on liability for motor vehicle traffic accidents, that is, Article 49 stipulates that if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., if the traffic accident occurs and it is the responsibility of one party to the motor vehicle, 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.

In the case of lending the vehicle, since the third owner of the car did not obtain any actual benefits from Li Si and did not have actual control over the vehicle, if there was an accident, the perpetrator Li Si should be compensated. Moreover, Zhang San can also claim infringement for the loss of the vehicle itself and demand compensation from Li Si.

It is advisable to appoint a lawyer.

Legal analysis: In principle, the lessee should be liable on its own, but when the lessor is at fault, the two parties shall be liable for the damage caused by the traffic accident according to the size of their respective faults.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not use written form, it is impossible to confirm Article 707 Where the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 If the lessee uses the leased property in an ambush in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property, it shall not be liable for compensation.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

First of all, let's take a look at the traffic accident in the rental car, what is the compensation order?

In the event of a traffic accident in a rental car, the driver is generally solely liable for compensation, but if the driver has evidence to prove that the car rental company is at fault, he or she can require the car rental company to bear the corresponding liability for compensation.

1. The insurance company shall compensate within the liability limit of the compulsory traffic insurance;

2. The rental car driver shall be liable for compensation for the excess part.

3. If the car rental company is at fault for the occurrence of the traffic accident, it shall bear the corresponding liability for compensation.

What are the situations where the rental car company is at fault?

The car rental company knows or should know that the rented vehicle is defective, the driver is not qualified to drive, the driver is drunk or unable to drive the motor vehicle. Car rental companies, etc., are liable for compensation.

In the event of a traffic accident, the driver who caused the accident generally compensates the victim for the following expenses:

1. The victim suffered personal injury, various expenses incurred due to medical treatment, and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses and other reasonable expenses.

2. If the victim is disabled due to injury, he or she may also claim compensation including disability compensation, disability assistive device expenses, living expenses of dependents, and reasonable expenses such as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

3. If the victim dies, in addition to the relevant expenses in 1 above, he may also claim compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

1. Whether the loaned vehicle bears joint and several liability in the Civil Code.

The Civil Code stipulates that after a traffic accident occurs in a loaned vehicle, the actual user of the vehicle shall be liable, and if the lender is at fault, it shall be jointly and severally liable for the accident.

Civil Code of the People's Republic of China

Article 1209 [Tort Liability When the Owner, Manager and User of a Motor Vehicle Are Inconsistent] If the damage caused by a traffic accident occurs when the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and it is the responsibility of one of the parties 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.

Article 1213 [Order of Compensation for Entities Bearing Responsibility for Traffic Accidents]Where damage caused by a traffic accident involving a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer that underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

If a traffic accident occurs in the leased car, and it is the responsibility 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 other party is also liable, it shall bear the primary responsibility, secondary liability and equal liability respectively according to the role of their respective acts and the severity of the fault of the mistake. If it is caused by the fault of the other party, the leasing party is not responsible for the motor vehicle.

Legal basis] Article 1209 of the Civil Code of the People's Republic of China.

If the damage caused by a traffic accident occurs when the owner, manager and user of the motor vehicle are not the same person due to leasing or borrowing, etc., and the motor vehicle user is responsible for 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.

Legal analysis: If a traffic accident occurs in a leased vehicle, the actual driver is generally liable for compensation. If the owner of the car is at fault for the occurrence of the accident, he also needs to bear a certain amount of liability for compensation, such as the owner rents the car to a drug-addicted, drunk or unlicensed person who pretends to be a person in the world and causes a recreational traffic accident.

Legal basis: Article 1209 of the Civil Code of the People's Republic of China 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 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.

The taxi industry is a franchise industry and leasing is prohibited;

Because it violates the law, although it is a lease, in terms of civil compensation, as a car owner, it still has to bear joint and several liability.

Hello! If it is a lease, the insurance company will first compensate within the scope of compulsory traffic insurance, and the user shall bear the responsibility for the insufficient part, and the owner shall bear the corresponding liability for compensation if he is at fault.

The responsibility should be borne because the owner of the vehicle has benefited from the operation of the vehicle after all.

Don't look at the agreement between the car owner and the driver, look at the substance. Even if the agreement is written as a lease, in essence, the owner contracts the car to the driver, or hires the driver to drive the car, that is to say, the owner provides the means of production and the driver provides manpower, which is completely in line with the essence of the employment relationship! So, don't look at the text, that doesn't mean anything.