The driver of the traffic accident cannot compensate whether the owner of the car is liable for comp

If the driver is unable to compensate the owner of the vehicle in a traffic accident, according to the actual situation and the law: if the owner and the user of the motor vehicle are not the same person due to leasing, borrowing, etc., the insurance company shall compensate within the liability limit of the compulsory insurance of the motor vehicle if the traffic accident occurs. 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 parties have transferred and delivered the motor vehicle by way of sale or other means, but have not completed the registration of 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. For the insufficient part, the transferee shall be liable for compensation. If a motor vehicle is assembled or has reached the scrapping standard is transferred by way of sale or sale, and the damage is caused by a traffic accident, the transferor and the transferee shall bear joint and several liability.

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.

Article 49 When the owner and user of a motor vehicle are not the same person due to leasing or borrowing, the insurance company shall compensate within the limits of the liability of the compulsory insurance of motor vehicles if a traffic accident occurs and it is the responsibility 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.

Article 50 Where a motor vehicle has been transferred and delivered by the parties by means of sale or other means but the transfer of ownership has not been registered, and the traffic accident occurs that belongs to the responsibility of the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance for motor vehicles. For the insufficient part, the transferee shall be liable for compensation.

Article 51 Where a motor vehicle assembled or has reached the scrapping standard is transferred by way of sale or sale, and damage is caused by a traffic accident, the transferor and the transferee shall be jointly and severally liable.

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.

Article 53 Where a driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall compensate within the limits of the liability limit of the compulsory insurance for motor vehicles; If the motor vehicle is unknown or the motor vehicle has not participated in compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.

In a traffic accident, the driver is not the actual owner of the vehicle, and the actual vehicle is mainly jointly and severally liable.

If no compensation agreement can be reached, you can go to court to sue.

If the driver is an employee at the time of a traffic accident, the owner of the vehicle shall be directly determined to be the defendant and bear the actual liability for compensation according to Article 45 of the Civil Procedure Opinions and Article 9 of the Interpretation of the Supreme Court on the Application of Law in Personal Injury Compensation Cases, which stipulates that "if an employee causes injury to a person in the course of employment activities", the owner of the vehicle shall be directly determined to be the defendant and bear the actual liability for compensation.

Zongheng Legal Network-Jiangsu Guolei Law Firm-Lu Guangliang lawyer.

1.If you are a hired driver, according to the provisions of the Labor Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, all compensation will be borne by you, unless you can prove that your driver was grossly negligent or intentional in the accident. The criminal liability of the driver is borne by himself.

If criminal liability is involved, you can ask the driver to pay a part, and you will mediate with the victim to reduce the driver's criminal liability.

2.If it is not the driver you hired, but the driver borrows or rents your car, according to the provisions of the Tort Liability Law, you do not need to be liable for compensation, but should be borne by the actual user.

After a traffic accident, the driver cannot afford to compensate the car owner, and the owner is generally not responsible, but 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. Compensation is generally made by the insurance company within the limit of liability of the compulsory insurance of motor vehicles, and the insufficient part is compensated by the party at fault.

What is the compensation standard for a traffic hit-and-run.

1. The compensation standard for vehicle traffic accidents depends on the specific circumstances of the case, and the amount of compensation varies depending on the injury caused by the traffic accident;

2. The main compensation items for personal injuries caused by traffic accidents are disability compensation, spiritual solace payment, medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, living expenses of dependents, transportation expenses and other major items. Around July each year, each province publishes a unified standard based on local statistics. The parties need to provide evidence to determine the amount of compensation based on their household registration, disability level, dependents in family members, personal income, hospitalization** nursing and other factors;

3. After the occurrence of a traffic accident, the parties need to pay attention to collecting evidence such as traffic accident certificates, medical records, invoices and lists of medical expenses, personal income certificates, residence certificates, household registration of family members, and transportation expenses, so as to apply them in the litigation.

Legal basisArticle 1165 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall 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.