How to divide the responsibilities of the owner and user of the vehicle in a hit and run accident wh

The owner and the user are not the same person.

1.The user shall be liable for compensation other than the compensation paid by the compulsory traffic insurance.

First, from the perspective of operational control and operational interests, these two interests have been concentrated in the user, so they should be held responsible. The user derives benefits from its use of the motor vehicle, and the requirement that it bear responsibility is in line with the principle of equal profit and loss in strict liability. Some scholars believe that the lessor receives rent for leasing a motor vehicle, and the rent is an operating interest, so the lessor enjoys an interest in the operation of the motor vehicle.

Second, from the perspective of damage prevention, the user controls the operation of the motor vehicle, and can actually control the danger of the motor vehicle and require it to bear responsibility, which is conducive to urging it to take measures to prevent the occurrence of damage.

The third is the compensation paid by the insurance company, which can be said to be the consideration for all the premiums paid by everyone to a certain extent. The payment of the premium by the owner itself means that he has assumed a certain amount of responsibility, so it is unfair to the owner to continue to bear the responsibility, which is equivalent to assuming the full responsibility. Therefore, if the owner and the user are not the same person, and the victim suffers damage due to a traffic accident, the victim should first request the user to bear the liability for compensation.

2.The owner shall be liable for compensation according to his fault.

Whether it is a shared car or a private one, the person who hits and runs away after the accident should be fully responsible.

If the owner of the car hires a driver to drive a traffic accident in the course of running errands, it is an act of duty, and the owner of the car shall be fully liable for compensation, and the driver shall not be liable for compensation. Conversely, if there is no employment relationship, the owner is generally not liable for compensation. In other cases, even though it is an employment relationship, the driver is not responsible for the accident caused by the accident in the course of performing his duties, but in the course of his or her personal affairs, and the owner of the vehicle is also not responsible for compensation.

Article 49 stipulates that when the driver and the owner of the vehicle are not the same person, the user shall bear the liability for compensation beyond the compulsory traffic insurance, and if the owner is at fault, he shall bear the corresponding liability for compensation.

Article 50 stipulates that in the event of a traffic accident when the vehicle is transferred but the ownership has not yet been transferred, the buyer shall be liable for compensation in excess of the compulsory traffic insurance.

Article 51 stipulates that if a traffic accident occurs in the sale or purchase of scrapped vehicles, both the buyer and the seller shall be liable for compensation.

Article 52 stipulates that in the event of a traffic accident caused by the theft of a car, the offender shall be liable for compensation, and the insurance company shall have the right of recourse.

Article 53 stipulates that if a driver hits and runs, the insurance company shall compensate first, and then have the right of recourse against the fleeing driver.

In the case of a hit-and-run accident involving another person's motor vehicle, the driver shall be liable without the owner's instigation or instigation.

Tort Law.

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 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 liability for compulsory motor vehicle insurance; 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.