Compensation for traffic accidents caused by rented cars

This case is a traffic accident, and within the compensation limit of the compulsory traffic insurance, the insurance company bears all the liability for compensation, and the part exceeding the limit is apportioned according to the proportion of liability. Passengers have the right to sue both parties for compensation for personal injuries caused by the accident vehicle, and for the full compensation you asked and then demand, because it is relative to the passenger, the two parties involved in the accident are joint torts, so it is theoretically feasible, but in practice there is still the problem of the proportion of responsibility, therefore, as you said, it will inevitably cause multiple lawsuits, which is inefficient

In the case that the vehicle involved in the accident is rented, the vehicle has been removed from the control, control, supervision and management of the lessor at the time of the road traffic accident; In addition, due to the characteristics of the leasing industry, the lessor is unable to fulfill the responsibility of selecting, supervising and managing the lessee or the vehicle driver; In addition, the lack of necessary connection between the lessor's vehicle leasing act and the fact of accident damage after leasing makes it unfair for the lessor to bear civil liability, so the lessor of the vehicle that caused the accident does not need to bear civil liability for the harmful consequences, unless the leased vehicle is not suitable for road driving or the lessee is not qualified.

Under what circumstances does the car owner bear civil liability or joint and several liability? Specifically, there are three scenarios:

First, the owner of the motor vehicle, as the owner of the motor vehicle, should not be liable as the subject of compensation as long as he has fulfilled the obligation of strict review and leased (lent) to a person with a driver's license and certain driving ability. In the course of actually controlling and operating the vehicle, the renter (borrower) has a traffic accident due to his own fault, infringing on the legitimate rights and interests of others, and the renter (borrower) is the actual infringer and should bear civil liability as a civil subject alone.

Second, when there are defects in the safe operation of the motor vehicle, for example, the owner of the motor vehicle fails to perform the obligation of notification to the rental (borrowing) person when renting or lending the vehicle due to negligence, and the owner of the rental (borrowing) vehicle fails to understand the defects related to the safe driving of the motor vehicle from the owner of the motor vehicle due to negligence, both parties are at fault, and the owner of the rental or lending motor vehicle shall be jointly and severally liable with the lessee and the borrower as the subject of joint compensation;

Third, if the owner of a motor vehicle deliberately fails to inform or guarantee that the motor vehicle is defective when leasing or lending a motor vehicle, and a traffic accident occurs, the owner of the motor vehicle shall bear all civil liability as a separate subject of compensation.

According to the actual situation and legal provisions, if the owner and user of the motor vehicle are not the same person due to leasing, borrowing, etc., and the responsibility of the motor vehicle party after a traffic accident occurs, the insurance company shall compensate within the limit of the compulsory insurance liability of the motor vehicle. If the user of the motor vehicle is liable for compensation, the owner of the motor vehicle shall be liable for compensation if he is at fault for the occurrence of the damage.

If the parties have transferred and delivered the motor vehicle by way of sale or other means but have not completed the registration of ownership transfer, and the traffic accident occurs and it is the responsibility of the old filial party 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 bench includes Wang Si to pay the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle, he has the right to recover from the person responsible for the traffic accident.

1. Auto traffic accident claim process.

1) Present the insurance document;

2) Present the driving license;

3) Present your driver's license;

4) Present the ID card of the insured;

5) Present the insurance policy;

6) Fill in the danger report form;

7) Fill in the details of the accident;

8) Fill in the details of the informant, driver and contact**;

9) Check the appearance of the vehicle, take photos and assess the damage;

10) The claims adjuster leads the owner to conduct a visual inspection of the vehicle;

11) Take photos and verify the damage according to the content of the report filled in by the car owner;

12) The claims adjuster reminds the owner of the vehicle whether there are any valuables on the vehicle;

13) Delivery to the repair station for repair;

14) The claims adjuster issues a task order to determine the maintenance items and maintenance time;

15) Signed by the owner;

16) The owner of the vehicle will be handed over to the maintenance station for maintenance.

Legal analysis: If the motor vehicle party bears a certain responsibility, then the insurance company will compensate within the scope of insurance, and the user of the motor vehicle shall bear the liability for compensation if the part exceeds the insurance compensation limit, and if the leasing company is at fault, the leasing company shall bear joint and several liability.

Legal basis: Article 1209 of the National Air and Land Code of the People's Republic of China Article 1209 If the owner or manager of a motor vehicle and the user 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.

Legal analysis: first notify the traffic police and the vehicle insurance company, and then see how the traffic police divide the responsibility, if the other party is fully responsible, the other party is fully responsible. If the damage caused by a traffic accident 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.

Legal basis: Article 1209 of the Civil Code of the People's Republic of China If a traffic accident causes damage to a motor vehicle due to leasing, borrowing, etc., when the owner loses hands, the manager and the user are not the same person, and the motor vehicle user is liable; 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 issue of compensation after a traffic accident in the leased car is that if the motor vehicle party bears certain liability, then the insurance company will compensate within the scope of the insurance. If the insurance compensation limit is exceeded, the user of the motor vehicle shall be liable for compensation, and if the leasing company is at fault, the leasing company shall be jointly and severally liable for compensation. When the leasing company rents a motor vehicle to the other party, it should confirm whether the other party has a driver's license and whether it has the most basic driving skills.

There should be a detailed agreement on this in the general motor vehicle lease contract.

Civil Code of the People's Republic of China

Article 1209.

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

In the event of a traffic accident in the rental car, the renter shall be responsible for the occurrence of the accident and shall compensate the victim in the accident. For the damage caused to the rental vehicle, it shall be liable for compensation in accordance with the provisions of the rental contract. Who is liable in the event of a traffic accident in a rental car When a rented motor vehicle is involved in a traffic accident, namely:

If the owner and user of the motor vehicle are not the same person, the liability shall be viewed in the following order: (1) The insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. (2) For the insufficient part, the user of the motor vehicle shall be liable for compensation.

3) 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 you are involved in a traffic accident while renting your car to another person, you will not be liable for compensation if you are not at fault. Relevant legal provisions:

According to Article 1209 of the Civil Code, 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. Legal basis: Article 509 of the Civil Code of the People's Republic of China; 【Principle of contract performance】When the person involved in the yamasha party should fully perform its obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology. Article 703 of the Civil Code of the People's Republic of China; 【Definition of Lease Contract】An early lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.