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Anonymous users2024-02-08The driver is responsible, and the owner is generally not liable.
Legal basis] Article 73 of the Road Traffic Safety Law, the traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident.
The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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Anonymous users2024-02-07Hello, according to your description, the content of your question belongs to the content of the attribution of liability for motor vehicle traffic accidents in the Tort Liability Law.
1. There are two types of subjects who drive other people's vehicles without authorization: (1) The parties (relatives or friends) who have a specific relationship drive without request. In this case, even if the driver does not have prior consent, it does not contradict the intention that the owner can know or can be inferred, that is, if the driver requests the owner, it can be inferred that the owner will not refuse. (2) Unauthorized driving by a person who does not have a specific relationship, such as a custodian, pledgee, etc.
Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents stipulates that: "Where a party requests that the driver of the motor vehicle bear the liability for compensation in accordance with Article 49 of the Tort Liability Law in accordance with the provisions of Article 49 of the Tort Liability Law, the people's court shall support it. If the owner or manager of a motor vehicle is at fault, it shall bear the corresponding liability for compensation, except in the circumstances provided for in Article 52 of the Tort Liability Law.
2. Article 49 of the Tort Liability Law stipulates that: "If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the motor vehicle is liable after a traffic accident, the insurance company shall compensate within the limit of the liability of the compulsory insurance 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.
This law is similar to the principle of the Interpretation, in that the user is first liable, and only the owner is liable if he is genuinely at fault (e.g., allowing minors, people who drink alcohol, people without a driver's license to drive, etc.).
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Anonymous users2024-02-06Legal analysis: If a party is allowed to drive another person's motor vehicle in a traffic accident and causes damage, and the party requests the driver to bear the liability for compensation in accordance with Article 49 of the Tort Liability Law, the people's court shall support it, and the owner or manager of the motor vehicle shall bear the corresponding liability for compensation if he is at fault.
Legal basis: Article 1212 of the Civil Code of the People's Republic of China If a traffic accident causes damage to another person's motor vehicle without permission, and it is the responsibility of the motor vehicle, the motor vehicle user shall be liable for compensation; If the owner or manager of a motor vehicle is at fault for the occurrence of damage, he shall be liable for compensation, except as otherwise provided in this Chapter.
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