In the event of a traffic accident due to vehicle theft, does the original owner have to bear the re

According to the reply of the Supreme People's Court, if such a traffic accident causes injury, the thief shall be liable for damages, and the owner of the stolen vehicle shall not be liable for damages.

The stolen vehicle is out of the control of its owner, who is himself a victim and is neither liable for damages nor liable for advances. Therefore, no one is entitled to hold the vehicle owner liable for the advance unless he voluntarily makes the payment.

When a vehicle is stolen, the owner has neither a control interest nor a benefit in the use of the vehicle, and he is also a real victim. According to the principle of fairness, the same victim, after the interests of the owner of the vehicle are damaged, he must bear the responsibility for the loss of others who have nothing to do with him, which obviously violates the principle of fairness of the civil law and is not fair to the law.

The above is what I saw in the Beijing Traffic Accident Compensation Consultation Center (bjshigu) on the division of liability for traffic accidents after the vehicle was stolen, and there are specific cases, the landlord can go to their center network to view, I heard that their center is very experienced in dealing with traffic accidents, and is also very famous in the industry, and you can also handle the case first and pay after not charging, the landlord has any questions they seem to have a professional lawyer in the center network, you can directly consult for free, I hope to help you solve the problem.

The 1999 Reply of the Supreme People's Court on the Issue of Who Bears the Liability for Damages after a Stolen Motor Vehicle Accident stipulates that if a stolen motor vehicle is used to cause an accident and the victim's material losses are caused, the perpetrator shall be liable for damages in accordance with the law, and the owner of the stolen motor vehicle shall not be liable for damages.

Legal Analysis: The owner of the vehicle is not liable and is solely responsible for the person driving the vehicle at the time of the accident. The accident was caused during the theft and robbery of the insured motor vehicle; The insurance company has the right to recover from the person responsible for the traffic accident if it advances the rescue expenses within the liability limit of the compulsory traffic insurance.

Legal basis: Article 1215 of the Civil Code of the People's Republic of China Where a traffic accident causes damage to a motor vehicle that has been buried, robbed or snatched from a Qing Zao, 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 the rescue expenses within the limit of the liability limit of the compulsory insurance of motor vehicles, it has the right to recover from the person responsible for the traffic accident.

In the event of a traffic accident caused by the theft of a motor vehicle, the person who stole or robbed the vehicle shall be liable for compensation, and at the same time, according to the Supreme People's Court's decision that the theft of a motor vehicle causes material losses to the victim, the perpetrator shall be liable for damages. The owner of the car is not responsible.

Legal basis

Article 65 of the Civil Code: Where an actor infringes upon the civil rights and interests of others due to his fault and causes damage, he shall be cautious and bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The owner of the car is not responsible. According to the law, if a traffic accident causes damage to a motor vehicle that has been stolen, robbed, or snatched, the person who stole it, robbed, or robbed it shall be liable for compensation. If the insurance company pays the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle, it has the right to recover from the person responsible for the traffic accident.

The standard of general compensation is that there is fault before compensation, and the owner of the stolen car is not at fault in the process, so it is not compensated.

Article 1215 of the Civil Code: Where a traffic accident causes damage to a stolen, robbed or snatched motor vehicle, the person who stole or robbed the vehicle 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 a traffic accident causes damage, and the party who guesses the motor vehicle is responsible, the person who steals, robs or robs the person and the user of the motor vehicle 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.

No, you don't.

In accordance with the "Reply of the Supreme People's Court on the Issue of Who Bears the Liability for Damages after the Accident of a Stolen Motor Vehicle", if a stolen motor vehicle is used to cause an accident, causing material losses to the victim, the perpetrator shall be liable for damages in accordance with the law, and the owner of the stolen motor vehicle shall not be liable for damages.

If the parties have transferred and delivered the motor vehicle by way of sale or other means but have not registered the transfer of ownership, and the traffic accident is the responsibility of the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle, and the transferee shall bear the liability for compensation for the shortfall.

According to the Reply of the Supreme People's Court on the Issue of Who Bears the Liability for Damages after the Accident of a Stolen Motor Vehicle, the Supreme People's Court on the Accident of a Stolen Motor Vehicle.

Approval of the question of who is liable for damages.

On June 18, 1999, the 1069th meeting of the Adjudication Committee of the Supreme People's Court passed the Legal Interpretation No. 13 of 1999) Henan Provincial High People's Court

Your hospital has received the "Instructions on Who Bears the Liability for Damages after the Perpetrator Escapes After the Stolen Motor Vehicle Accident". After study, the reply is as follows:

Where a stolen motor vehicle is used to cause an accident, causing material losses to the victim, the perpetrator shall be liable for damages in accordance with law, and the owner of the stolen motor vehicle shall not be liable for damages.

In the event of a traffic accident after the vehicle has been stolen, the owner of the vehicle is not liable.

Zongheng Legal Network Guizhu lawyer.

If the owner of the car can prove that the accident occurred during the theft, the owner of the car is not liable.

Lawyer Xu Xiaohua.

Not liable but the car will be impounded.

Tort Liability Law of the People's Republic of China.

Article 52: Where a traffic accident causes damage to a stolen, robbed, or snatched motor vehicle, the person who stole it, robbed, or snatched the motor vehicle shall be liable for compensation. If the insurance company pays the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle, it has the right to recover from the person responsible for the traffic accident.