What to do if a motorcycle is lent out and gets into an accident

Updated on society 2024-05-19
10 answers
  1. Anonymous users2024-02-11

    If the borrower has a motorcycle driver's license, the vehicle is within the validity period of the annual inspection and the insurance is within the validity period of the insurance policy, and the borrower and the other party shall deal with it.

    If the person borrowing the bike does not have a driver's license, then you are also responsible.

    You are also responsible if the motorcycle itself has passed the annual inspection period or the insurance validity period.

  2. Anonymous users2024-02-10

    This one should be fine.

  3. Anonymous users2024-02-09

    If a motorcycle is lent to someone else and is in an accident, whether the owner is responsible or not should depend on the situation.

    The main body responsible for the traffic accident is the person directly responsible, and the vehicle owner bears supplementary liability in the corresponding circumstances. If the borrower does not have the driving qualifications, the owner is not at fault, and should be borne by the borrower, but when he is unable to perform his responsibilities and obligations, the owner may bear supplementary responsibilities and then recover rights and interests from the responsible person.

    If a traffic accident causes damage caused by driving another person's motor vehicle without permission, and the motor vehicle 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 the damage, he shall bear the corresponding liability for compensation, unless otherwise provided. If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

    Where a traffic accident involving a non-operating motor vehicle causes damage to an uncompensated passenger, and it is the responsibility of the motor vehicle, the liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent.

    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 1210 Where a motor vehicle has been transferred and delivered by sale or other means between the parties but has not been registered, and damage is caused by a traffic accident, and the motor vehicle is the responsibility of one party, the transferee shall be liable for compensation.

  4. Anonymous users2024-02-08

    1. If the driver and the owner of the car are employed, the owner of the car shall be liable for compensation, but if the driver intentionally or grossly negligently causes damage, he shall be jointly and severally liable with the owner of the car. If the vehicle owner bears joint and several liability for compensation, he may recover compensation from the driver. If the owner of the car only lent the car to the driver, there is no fault, and the owner of the car is not responsible for the driver's traffic accident.

    II[Legal basis].1. Article 123 of the General Principles of the Civil Law stipulates that a person who engages in high-altitude, high-pressure, flammable, explosive, highly toxic, radioactive, high-speed transportation and other operations that are highly dangerous to the surrounding environment and causes damage to others shall bear civil liability; If it can be proved that the damage was intentionally caused by the victim, no civil liability is incurred. 2. Article 8 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability stipulates:

    In the territory of the People's Republic of China (excluding Hong Kong, Macao and Taiwan), if the insured has a traffic accident in the course of using the insured motor vehicle, resulting in personal or property losses to the victim, the insurer shall be liable for damages borne by the insured in accordance with the law, and the insurer shall be responsible for compensation within the following compensation limits for each accident in accordance with the provisions of the compulsory traffic insurance contract: (1) The compensation limit for death and disability is 110,000 yuan; (2) The compensation limit for medical expenses is 10,000 yuan; (3) The limit of compensation for property damage is 2,000 yuan; (4) When the insured is not liable, the compensation limit for death and disability without liability is 11,000 yuan; The compensation limit for non-liability medical expenses is 1,000 yuan; The compensation limit for non-liability property damage is 100 yuan.

  5. Anonymous users2024-02-07

    Legal analysis: the owner is not responsible if he is not at fault. However, if the vehicle owner is at fault for the occurrence of the damage, he shall bear the corresponding responsibility.

    Legal basis: 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 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.

  6. Anonymous users2024-02-06

    Hello, I am inquiring for you here, please wait a while, I will reply to you immediately

    In the event of a traffic accident, the actual controller of the vehicle shall generally bear the liability for compensation, but if the owner of the motor vehicle is at fault for the loaned vehicle, such as knowing that the other party is not qualified to drive and lending, he should bear the corresponding liability for compensation, and note that it is corresponding rather than joint and several liability. Make sure that your car does not have any quality problems and is not faulty. When your friends borrow a car from you, you really just need to check your car again, if there is an accident because of brakes and other problems.

    Then you're going to have a lot of responsibility. So if you can't borrow a car, you won't borrow it.

    I hope the above is helpful to you If you are satisfied with me, please give me a thumbs up

  7. Anonymous users2024-02-05

    In the event of an accident involving a motorcycle lent to others, the actual user of the vehicle is generally liable, and the owner is not liable. However, if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, such as lending the vehicle knowing that it is faulty, it shall bear the corresponding liability for compensation.

    1. Who is responsible for the accident caused by the motorcycle lent to others.

    1. In the event of an accident involving a motorcycle lent to others, the actual user of the vehicle is generally responsible, and the owner is not liable. However, if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, such as lending the vehicle knowing that the vehicle is faulty, it shall bear the corresponding liability for compensation.

    2. Legal basis: Article 1209 of the Civil Code of the People's Republic of China.

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

    2. How to go through the insurance process for Lu Sunsheng's traffic accident.

    1. If it is a unilateral accident, you must first report the case, then assess the damage, repair the car, and finally go to the insurance company for reimbursement;

    2. If there is an accident between the two parties, their full responsibility, then they must report the case, go to the insurance company or the damage assessment center with the other party, and then repair their cars, the other party will give the maintenance list and invoice to themselves, and the money will be given to the other party first, and the insurance company can also be reimbursed to the other party, but the second year's compulsory traffic insurance will be raised, if it is the other party's full responsibility, he will go to his insurance company to assess the loss, and the second year's compulsory traffic insurance will not rise;

    3. If a person is injured, report the case first and send the person to the hospital, and the specific matters are analyzed in detail. The most important thing is to prepare all kinds of bills issued by the hospital, and the insurance company must keep the bottom, and if there is no insurance company, it will not be reimbursed.

  8. Anonymous users2024-02-04

    There is generally no liability, as the case may be. That is, the actual user compensates, the owner bears the fault liability, if the owner is at fault, it will be liable, if there is no fault, it has nothing to do with the owner.

    Generally, in the case of a motor vehicle loan, the owner of the vehicle is also jointly and severally liable, especially if the girl does not have a driver's license, but it still depends on the actual situation. In the case of compensation, because it is joint and several liability, the victim can let the owner bear all the losses, and then the owner can recover according to the proportion of fault between himself and the borrower.

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

  9. Anonymous users2024-02-03

    Legal analysis: If a traffic accident occurs on a loaned motorcycle, if it is the responsibility of the vehicle, the actual user shall be liable for compensation; If the owner of the vehicle is at fault for the accident, the owner is also liable for compensation.

    Legal basis: Civil Code of the People's Republic of China

    Article 1208 Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

    Article 1209 Where 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 of the parties to 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.

  10. Anonymous users2024-02-02

    Whether a friend borrowed his motorcycle and got into an accident or not, it should be analyzed according to the specific situation

    1. The owner of the car generally does not need to be responsible, and the insurance or the cyclist is responsible. Because according to the provisions of the relevant laws, if the vehicle is involved in a traffic accident during the borrowing period, the insurance company will generally compensate within the limit, and if the vehicle is not insured, the party driving the motor vehicle will compensate.

    2. If the person who lends the driver has no driving qualification or has not obtained the corresponding driving qualification, there is generally no statutory driving qualification requirement for electric vehicles, unless there are some special ones, such as minors. If there is an accident when it is lent to such a special group, there is responsibility.

    3. If you know or should know that there is a defect in the motor vehicle, such as the failure of the brake system, and you do not inform the borrower, and the defect is one of the causes of the traffic accident, when the electric vehicle is not safe, you have the responsibility to deal with it afterwards.

    [Legal basis].Article 1209 of the Civil Code of the People's Republic of China.

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

    Article 1210.

    If the parties have transferred and delivered the motor vehicle by sale or other means, but have not been registered, and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

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