If the car is forcibly pickpocketed and overturned and died, should the owner not be liable for comp

If the car is forcibly pickpocketed and overturned, should the owner be held liable for compensation? Although it is wrong to forcibly pick up the car, the reason why he always dies is because you overturned the car and died because you drove improperly, so you should bear some responsibility. In other words, there is a primary responsibility and a secondary responsibility in this accident.

He's definitely going to have to take part of the blame, and you're definitely going to have to take part of the blame. His pickpocketing is not the reason for your rollover. So you still have to bear a certain amount of responsibility.

No, first of all, the owner of the car did not invite the deceased to pick up his car, and again, the accident was caused by the pickpocket, and it would be good not to ask the deceased to pay for the car.

Logically speaking, the person who died by forcibly picking up the car and overturning the car should bear important responsibility, and the owner of the car should bear secondary responsibility or bear a small amount of compensation, as the family of the deceased should understand that the main responsibility lies with the deceased.

First of all, determine whether the owner's car is regular, on the way, how he picks up the car, after determining these, you can know that the owner of the car does not want to compensate, but I personally hate pickpockets!

How much is definitely responsible....

After the driver rolls over and dies, the employer is required to pay the victim's family compensation and social insurance compensation in accordance with the Labor Law of the People's Republic of China and the Regulations on Work-related Injury Insurance. According to the relevant laws and regulations, the compensation that employers need to pay includes the following aspects:

Medical expenses for work-related injuries: including the injured person's expenses, hospitalization expenses, expenses, transportation expenses, etc.

Work-related injury nursing expenses: If the injured person needs to hire a caregiver to take care of them, they will need to pay for the care.

Work-related injury benefits: Compensation for loss of working capacity is calculated according to the minimum wage in the victim's location.

Subsistence allowance: A subsistence allowance is paid to the victim's family according to the victim's salary income level and the actual situation of the family.

Work-related death pension: A work-related death pension is paid to the victim's family according to the victim's salary income level and the actual situation of the family.

It should be noted that there may be differences in the compensation standards and calculation methods of different provinces or regions, and the specific compensation amount needs to be calculated in accordance with local laws and regulations.

You and the driver are deemed to have signed an employment contract due to the actual employment relationship. A work-related injury is considered a work-related injury if you are injured during the course of your work. So it's up to you to be liable. You are also responsible for the damage caused by the rollover.

The vehicle owner shall be liable for compensation. Because the relationship between the owner of the car and the driver is an employment relationship, according to the law, the employer is liable for compensation if the employee is injured in the course of employment activities.

Lawyer Zhong Yuhua of Zongheng Legal Network.

If there is an employment relationship, apply for work-related injury recognition and enjoy work-related injury benefits; In the case of an employment relationship, the employer is liable for compensation.

If the latter is the case, Article 11 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 an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation"; If the former is the case, the relevant provisions of the Regulations on Work-related Injury Insurance will apply.

The employer is liable. Of course, he also has some faults, such as driving without a license, and the employer is also at fault, knowing that he continues to hire without a license. The owner of the vehicle is not liable in this case, unless the owner is the employer.

Since it is a motor vehicle, Gu should have insurance, so you can make a claim to the insurance company.

In the case of an employment relationship, the driver is responsible for serious injuries.

Article 11 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 an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer assumes the liability for compensation, it can recover from a third party. ”

According to this article, the employer shall be liable for compensation for the injury of the driver. The employment relationship is not an employment relationship, and the Regulations on Work-related Injury Insurance are not applicable, and compensation is not made according to the work-related injury standard; Personal injury compensation shall be made in accordance with the provisions 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.

Supplement: In this case, the employer is still liable for compensation; However, if the employee is at fault for driving the vehicle without a driver's license, the employer may claim that the employee bears part of the responsibility. However, from the perspective of the spirit of the law, the employer should bear the main liability for the consequences of this damage.

According to the situation you described, if the accident occurred while driving a truck, if the accident was caused by a third party, you can not only claim compensation for personal injuries caused by the traffic accident, but also claim compensation for work-related injuries, the specific circumstances are as follows: 1. For compensation for personal injuries in traffic accidents, you can first conduct a disability appraisal and demand that the other party responsible for the accident and the insurance company bear joint and several liability based on the appraisal results; You need to apply for work-related injury recognition first, and then conduct a labor ability appraisal, and claim the relevant compensation from the employer based on the labor ability appraisal results; 3. For the current medical expenses, you can ask the insurance company to pay or pay in advance, or you can pay in advance by the unit or work-related injury insurance** after the work-related injury is identified.

If the passenger car overturns and the passenger dies, will the car company compensate?

According to the provisions of the Civil Code, the carrier has the responsibility to send the passenger to the agreed place as agreed, so if the passenger car overturns and causes the death of the passenger, the car company must compensate.

Civil Code of the People's Republic of China

Article 811 [Carrier's Obligation to Transport Safely] The carrier shall safely transport passengers and cargo to the agreed place within the agreed time limit or a reasonable period of time.

Article 812 [Carrier's Reasonable Transportation Obligations] The carrier shall transport passengers and goods to the agreed place in accordance with the agreed or usual transportation route.

What are the obligations of the carrier in the passenger contract.

1) The carrier's obligation to inform.

The carrier shall promptly inform the passenger of the important reasons for the failure of normal transportation and the matters that should be paid attention to during safe transportation. The so-called important matters related to the failure of normal transportation refer to the delay in the transportation time due to the carrier's reasons or weather and other reasons, or the cancellation of trains and flights agreed in the contract of carriage that affect the passenger's arrival at the destination at the agreed time. The so-called matters that should be paid attention to in the safe transportation of Yupai refer to the matters that need to be reminded to passengers in order to protect the personal and property safety of passengers during transportation.

2) The carrier shall be obliged to carry passengers according to the time and frequency specified on the ticket.

The ticket is a written certificate proving the validity of the contract of carriage for passengers, and the time and frequency shown on the ticket are an important part of the contract content after the agreement of the intention of both the carrier and the passenger, and both parties shall perform as agreed. The carrier has fully and properly performed the contract only when the carrier carries the goods at the time and frequency specified in the ticket. If the carrier fails to carry the carriage at the time and frequency specified on the ticket, the passenger shall have the right to request that the passenger be rescheduled to another flight, change the transportation route to reach the destination, or refund the ticket.

3) The carrier's salvage obligation during transportation.

During transportation, the carrier shall make every effort to rescue passengers suffering from acute illness, childbirth or distress. If the carrier refuses to provide assistance to a passenger suffering from acute illness, childbirth, or distress, it may be required to bear civil liability for its inaction.

4) The carrier's safe transportation task.

After the contract of carriage comes into effect, the carrier has the obligation to deliver the passenger safely to the destination, that is, the carrier shall ensure the personal safety of the passenger during the transportation. The carrier shall be liable for damages for the passengers' ** during transportation. However, this does not apply to the condition that the passenger's health is caused by the passenger's own health or that the carrier proves that it is caused by the passenger's intent or gross negligence.

The provision of such exemption indicates that the carrier shall be liable for the passenger's personal ** without fault. The carrier's liability for passengers** and the reasons for its exemption are not limited to passengers who normally purchase tickets to take the train, but also to passengers who are exempt from tickets, hold preferential tickets, or take without tickets with the permission of the passengers in accordance with the regulations.

Legal Analysis: The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents was adopted by the 1136th meeting of the Adjudication Committee of the Supreme People's Court on November 10, 2000, and is hereby promulgated to take effect on November 21, 2000. Article 2 of the Interpretation: In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution. According to what you said, the driver is suspected of causing a traffic accident and may be sentenced to 3 years in prison or criminal detention. The duration of detention is one month to six months.

However, if there are other circumstances, such as voluntary surrender or meritorious service, the punishment may be mitigated or commuted; Where there is major meritorious service, punishment may be commuted or waived. In addition, showing good remorse, taking the initiative to compensate the victim's family, and obtaining forgiveness may be used as discretionary mitigating circumstances. Furthermore, on the basis of article 72 of the Criminal Law, a suspended sentence may be announced for criminals who have been sentenced to short-term detention or up to three years imprisonment and who have been sentenced to short-term detention or fixed-term imprisonment for carrying out rapid demolition, and on the basis of the criminal's defense and expression of remorse, and the application of a suspended sentence will truly no longer endanger society.

In this way, if there are no particularly heinous circumstances, a suspended sentence may also be given, that is, there is no need to serve in prisons, detention centers, and other places, and they can continue to live and work, but their behavior is limited to a certain extent.

Legal basis: Civil Code of the People's Republic of China Article 1213 If a motor vehicle is damaged by a traffic accident and is the responsibility of one of the motor vehicles, the insurer underwriting 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.