Responsibility for car accidents while learning to drive, who is responsible for car accidents durin

According to Article 20 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, "if a student has a road traffic safety violation or causes a traffic accident while learning to drive, the instructor shall be liable." Therefore, if a student is involved in a traffic accident while driving, the instructor should be held responsible.

However, if an instructor teaches a student driving skills, it is an act of performing his duties, and the traffic accident that occurs during the course of the student's study is caused by the instructor while performing his or her duties, according to the Supreme Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: if an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation, so the liability for compensation borne by the instructor shall be borne by the driving school. Therefore, in this case, the driving school should be fully liable for the damage to the injured student and the vehicle.

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FYI! Our driving school came to an overtime student (by the hour to strengthen the tutoring half-slope start), the first few normal, wait for the instructor to pick up a ** get off, the student did not go downhill did not too hard to put the accelerator as a brake, hit the wall, the hood headlights... The damage is severe.

The trainees paid more than 10,000 cars and repaired them.

At that time, the principal said that the students were driving, the instructor was not there, and the students should be fully responsible.

Legal analysis: The law has clear provisions that during the normal learning period, the accident responsibility is borne by the instructor or the driving school, and the students do not need to be liable, but the students drive out without permission, and the students bear most of the responsibility. In the event of an accident during normal practice, the driving school shall bear the responsibility for the loss.

Even if the driving school agrees through the standard terms and conditions that you will compensate for this situation, it is invalid. If you get into an accident by driving without permission, you will be responsible for a large part of the responsibility.

Legal basis: "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 20 To learn motor vehicle driving, you should first learn road traffic safety laws, regulations and related knowledge, and then learn motor vehicle driving skills after passing the examination. Learning to drive on the road shall be carried out in accordance with the route and time designated by the traffic management department of the public security organ.

To learn motor vehicle driving skills on the road, the coach should be used, under the guidance of the instructor, and the personnel who have nothing to do with the teaching are not allowed to take the coach. If the trainee has a road traffic safety violation or causes a traffic accident in the learning to drive, the instructor shall bear the responsibility of the bureau.

Students do not need to be held responsible for traffic accidents in the process of learning to drive, and their responsibilities are replaced by their instructors, and the responsibilities of the instructors are replaced by the driving school. After the driving school assumes responsibility, if the traffic accident occurs due to the instructor's intentional or gross negligence in the teaching process, the driving school can recover from the instructor.

1. Do I have to pay for hitting a car with a driver's license?

No compensation is required. According to the relevant rules of the driving test, the instructor is not with you when the student is practicing driving, which is not the right behavior. And after the driving school registration, the practice is also included in the fee, if the coach car is damaged, the driving school will stop the loss.

In addition, each coach car is insured by the driving school, so that the insurance company will compensate for it, which does not need to be considered by everyone.

2. Which departments supervise driving schools?

Driving schools are regulated by the Ministry of Transport and the Ministry of Public Security, and their competent authority is the Ministry of Transport. The Transportation Management Office or the Driver Training Section of the Transportation Management Institute under the Ministry of Transport shall manage the driving school accordingly, and shall be mainly responsible for supervising the operation and training of the driving school, the training of the venue, and the supervision of the instructors. The traffic police department under the Ministry of Public Security, that is, the vehicle management office, is mainly responsible for the quality verification of driving school training, test invigilation, and various driving business.

3. How long is the scrapping period of driving school vehicles?

Scrapping period of driving school vehicles: 10 years for small coach passenger cars, 12 years for medium coach passenger cars, and 15 years for large coach passenger cars. Vehicles that have reached the specified service life shall be forcibly scrapped, and their owners shall sell the motor vehicles to the scrapped motor vehicle dismantling enterprise, and the scrapped motor vehicle shall be dismantled by the blind and trapped enterprise in accordance with the provisions of the registration, dismantling, destruction, etc., and the traffic management department shall cancel it.

If a person receiving motor vehicle driving training causes damage in a traffic accident while driving a motor vehicle during training activities, it is the responsibility of the motor vehicle party, and the party in Rolling Ling requests that the driving imitation training unit bear the liability for compensation, the people's court shall support it. If there is a crash during the test, the driving training unit shall be liable for compensation. In addition, the test center has an obligation to protect the safety of students who have not obtained a driver's license.

Therefore, the trainee is not responsible for any liability, including financial responsibility.

Legal basis

Article 1191 of the Civil Code: Where a staff member of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.