To drive a car for the unit, the unit must sign an accident liability contract

Updated on society 2024-04-29
8 answers
  1. Anonymous users2024-02-08

    It depends on what you think, now you should pay attention to finding a job, don't be deceived by the unit, find a few more to make a decision, you can also make a decision, if the contract you said above is I will not sign.

  2. Anonymous users2024-02-07

    Void Contract! By the way, scold this company

  3. Anonymous users2024-02-06

    It is a contract that shows fairness and you can claim rescission.

    Contract Law of the People's Republic of China.

    Article 54 One of the parties shall have the right to request the people's court or arbitration institution to modify or revoke the following contracts:

    1) It was concluded due to a major misunderstanding;

    2) It is obviously unfair at the time of the conclusion of the contract.

    If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

    Where a party requests a modification, the people's court or arbitration institution must not revoke it.

    Article 55: In any of the following circumstances, the right of revocation is extinguished:

    1) The party with the right of revocation has not exercised the right of revocation within one year from the date on which it knew or should have known the reasons for revocation;

    2) The party with the right of revocation clearly expresses or waives the right of revocation by his own conduct after knowing the reasons for revocation.

  4. Anonymous users2024-02-05

    In the event of an accident, the unit shall be held responsible, and the driver can be recovered according to the size of the responsibility, but not all the responsibilities shall be borne by the driver, and the rights and obligations are not equal.

    Lawyer Song Yeming.

  5. Anonymous users2024-02-04

    Legal analysis: the liability for traffic accidents caused by driving a company car shall be borne by the driver or the employer, if it is for the company's affairs or the work time of Chunyan and the driving of the vehicle is regarded as a duty act, then it is a duty act, and the company should bear it, and the accident identification should wait for the traffic accident identification of the accident department to know the division of responsibility.

    Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the person who traveled to the scene of the road traffic accident and the severity of the fault.

    1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

    2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

    3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

    If one party intentionally causes a road traffic accident, the other party is not liable.

  6. Anonymous users2024-02-03

    The owner of the car may also be held liable if the driver is involved in a car accident. According to the provisions, if the owner and the 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 bear the liability for compensation, and the owner of the motor vehicle shall bear the corresponding liability for compensation if he is at fault for the occurrence of the damage.

    Article 1209 of the Civil Code of the People's Republic of China When the owner, manager and user of a motor vehicle are not the same person due to leasing or 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. Article 1215 of the Civil Code of the People's Republic of China Where a traffic accident causes damage caused by a traffic accident involving the theft of a motor vehicle that has been stolen, robbed or snatched, the person who stole it, robbed or snatched it shall be liable for compensation. Where the thief, robber or snatcher and the user of the motor vehicle are not the same person, and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the thief, robber or snatcher 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.

  7. Anonymous users2024-02-02

    It depends on the situation, if it is a labor relationship between an individual and a unit or a labor relationship between individuals, and the worker causes damage to others while driving, the employer or employer shall be liable. If it is a free shed for others to provide helpers, and the helpers cause damage to others, the helped-workers shall be liable for compensation. If the helper is intentional or negligent, he or she shall be jointly and severally liable with the helpee.

    If the worker expressly refuses to help, he shall not be liable. Taking the initiative to help others drive is actually an act of providing labor services free of charge, that is, a helper who provides labor services for others without compensation, and if he causes damage to others in the activities of helping, the helped worker shall bear the liability for compensation, so it means that whoever is helped to drive, the person who is helped must be held responsible. However, if the person being helped explicitly refuses to help, he shall not be liable for compensation.

    Even if the helper is intentionally or grossly negligent in the process of driving, and the person entitled to compensation requests the helper and the helpee to bear joint and several liability, the people's court will still support it, so the helpee will generally bear the responsibility, and only if the helper is intentionally or grossly negligent during the driving process, the helper will bear the part.

    Civil Code of the People's Republic of China

    Article 1192.

    If a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding liability according to the respective faults of both parties.

    During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

  8. Anonymous users2024-02-01

    The unit involved in the traffic accident shall be jointly and severally liable. If the driver is at fault, the driver is also liable. The victim can claim compensation from the driver or the unit. The details are as follows:

    1. The person responsible for the traffic accident shall be liable for the losses caused by the accident. The driver who bears the liability for compensation is temporarily unable to compensate, and the unit or the owner of the company shall pay in advance;

    2. The accident vehicle is owned by the unit, and the driver performs his duties, that is, performs his driving duties in the process of work or production, and is appointed or recognized by the unit or the owner, and the unit or the owner bears the responsibility for accident compensation;

    3. In the process of performing his duties, the driver of the vehicle involved in the accident carries out activities unrelated to the performance of his duties without authorization, causing a traffic accident, and the driver shall be liable for compensation, and the owner shall be jointly and severally liable.

    According to the Civil Code of the People's Republic of China, if an employee of an employer causes damage to others due to the performance of work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

    1. The legal basis for the driver and the vehicle owner to bear joint and several liability.

    The legal basis for joint and several liability between the driver and the owner of the vehicle is as follows:

    1. If the vehicle involved in the accident is self-employed, contractor, individual partnership or private business owner, and the driver is hired to engage in transportation, the owner or employer shall bear the responsibility for accident compensation;

    2. In the event of a traffic accident during the contracting or leasing period of the vehicle that caused the accident, the owner, the contractor and the lessee shall be jointly liable for compensation;

    3. In the course of performing his duties, the driver of the vehicle involved in the accident carries out activities unrelated to the performance of his duties without authorization and causes a traffic accident, or the driver of the accident shall be liable for compensation, and the owner shall be jointly and severally liable;

    4. The unit affiliated with the vehicle involved in the accident shall be deemed to be the joint owner of the vehicle if it collects management fees or shares profits, and the owner shall bear the liability for compensation, and the affiliated unit shall bear joint and several liability.

    Second, in the event of a traffic accident, the car is not the person who is punished.

    If the driver is not the owner of the car, the user of the motor vehicle shall be liable for compensation in the event of a traffic accident; If the vehicle owner is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. At the same time, the owner of the vehicle needs to bear joint and several liability, and the person responsible for the traffic accident shall be liable for the losses caused by the accident, and the driver who bears the liability for compensation is temporarily unable to compensate, and the driver's unit or vehicle owner shall pay in advance. If the owner of the vehicle knows that the driver does not have a driver's license, is drunk or takes drugs, or the vehicle has potential safety hazards and fails to inform the driver, the owner and the driver shall be jointly and severally liable in these cases.

    Except for this laughter, only the driver is responsible. However, the vehicle involves insurance and accident investigation, which requires your cooperation.

Related questions
3 answers2024-04-29

Materials required to apply for work-related accident compensation: work-related injury determination decision; Labor Macro Hunger Ability Appraisal Certificate; Proof of worker's identity; If another person is entrusted, the power of attorney and the identity certificate of the principal; Business license of the employer; Proof of the existence of an employment relationship between the employee and the employer; Other. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient. >>>More

5 answers2024-04-29

Need to be on an empty stomach, you can drink two glasses of water. The entry physical examination items of our unit are for your reference: physical examination (visual acuity, blood pressure, inspection, palpation, auscultation); ECG, urine test, abdominal ultrasound (liver, gallbladder, spleen and kidney); Blood Tests: >>>More

12 answers2024-04-29

It is better not to interrupt pension insurance and medical insurance, but of course it is okay if you don't pay it. If the pension insurance is interrupted after resignation, you can go to the social security center to make up for it, or you can wait for the new unit to help deal with it when you find a new job, and you can directly find personnel to deal with it. Maternity insurance, unemployment insurance and provident fund cannot be paid by individuals. >>>More

30 answers2024-04-29

Later, my colleague's mother-in-law is gone, and the director drives there, and there is generally nothing to do.

8 answers2024-04-29

1. This situation is not a work-related injury, but a personal accident injury (death). Therefore, the death benefit cannot be paid as a workers' compensation claim. 2. The content of personal accident (death) compensation includes: >>>More