In daily life, all vehicles owned by the family are often registered in the name of one of the spouses, and there are often reports of traffic accidents involving vehicles driven by vehicles not driven by the owner himself. So if the wife drives a vehicle in her husband's name and gets involved in a traffic accident, does the husband face legal risks and what kind of legal responsibilities does he bear?Take a look at a case heard by the Michi County Court!
Basic facts of the case
On November 18, 2022, his wife Yuan Moumou drove a small passenger car registered in the name of her husband Zhang Moumou, and when she drove from north to south along Shaozhou Road in Mianchi County to the intersection of Shaozhou Road and Huanghe Road, she collided with Qin, a pedestrian from east to west, causing a road traffic accident in which the vehicle was damaged, Qin was injured, and Qin's mobile phone, clothes, and shoes were damaged.
After the responsibility determination made by the Mianchi County Traffic Police Brigade, the party Yuan Moumou was fully responsible, and Qin Moumou was not responsible. After the accident, Qin was sent to the county hospital for hospitalization for **50 days, and a total of 2 medical expenses were spent750,000 yuan. Zhang's car is insured with compulsory traffic insurance in a property insurance company in China's Sanmenxia Central Branch. Because Qin's loss exceeded the liability limit of the compulsory traffic insurance, Qin sued the Sanmenxia Central Branch of a property insurance company in China, Yuan and Zhang to the court.
Adjudication Results
In order to properly resolve the conflicts and disputes between the two parties, so that the plaintiff can get the compensation as soon as possible for follow-up, the presiding judge actively organized the two parties to mediate. After many times of presenting the facts to both parties, reasoning, and popularizing the law, an agreement was finally reached on the compensation costs, and the defendant Sanmenxia Central Branch of a property insurance company in China compensated the plaintiff Qin for medical expenses and other expenses totaling 3350,000 yuan;Defendants Yuan and Zhang compensated plaintiff Qin for medical expenses and goods losses totaling 7,783 yuanDefendants Yuan and Zhang compensated the plaintiff Qin for 40,000 yuan in follow-up expenses.
What the judge said
1. Under what circumstances does the owner need to be held responsible?
According to Article 1209 of the Civil Code of the People's Republic of China, the owner (husband) of a motor vehicle is liable for compensation only if he is at fault for the occurrence of damage. So, what is the fault of the owner of the motor vehicle for the occurrence of the damage?
According to Article 1 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, as amended in 2020, it can be seen that the following four circumstances are at fault for the occurrence of damages by the owner of the motor vehicle:
1.Knowing or ought to have known that there was a defect in the motor vehicle and that the defect was one of the causes of the traffic accident. For example, the owner of the motor vehicle knows that the vehicle has not been repaired and maintained for a long time, and the power system, brake system, and tire pressure of the vehicle may have problems that affect safe driving.
2.Knowing or should know that the driver is not qualified to drive or has not obtained the corresponding driving qualifications. For example, if you do not have a driver's license, your driver's license has expired, and the type of vehicle you are allowed to drive does not match the model of the loaned vehicle.
3.Knowing or should know that the driver is unable to drive a motor vehicle in accordance with the law due to drinking alcohol, taking psychotropic drugs or substances controlled by the state, or suffering from diseases that impede the safe operation of a motor vehicle. For example, the owner of the motor vehicle knows that the user of the vehicle has drunk alcohol or has a history of drug abuse.
4.Other circumstances where the owner or manager of the motor vehicle shall be found to be at fault.
It can be seen from this that when the owner lends the vehicle to others, he has the obligation to review the performance of the vehicle, the driving qualifications of the borrower, and the physical condition. If there is obvious fault in lending a vehicle with obvious performance problems to another person or lending a vehicle to a person who is clearly unfit to drive, you will be liable for damages.
In this case, the defendant's wife Yuan Moumou (the infringer) and her husband Zhang Moumou (the car owner) were willing to bear the liability for compensation during the mediation, so the court settled the case through mediation on the premise of not violating the wishes of the parties and the mandatory provisions of the law. If a mediation agreement cannot be reached, and the plaintiff has no evidence to prove that the owner of the vehicle involved in the accident exists in the above four circumstances, her husband Zhang Moumou (the owner of the vehicle) does not need to bear the liability for compensation.
2. If there is an accident after borrowing the car to others, will the insurance compensate for it?
We must first distinguish between compulsory liability insurance claims and commercial insurance claims.
1.Compulsory traffic insurance claims. According to Article 15 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, the people's court shall support the request of the party to the insurance company for compensation within the liability limit of the compulsory traffic accident insurance if any of the following circumstances results in personal injury to a third party: (1) the driver has not obtained the driving qualification or has not obtained the corresponding driving qualification;(2) Driving a motor vehicle while intoxicated, taking psychotropic drugs controlled by the state, or driving a motor vehicle after causing a traffic accident;(3) The driver intentionally causes a traffic accident. Regardless of whether the driver is driving without a license or driving drunk, as long as the compulsory traffic insurance is purchased, the insurance company shall compensate within the liability limit of the compulsory traffic insurance, and the wife and the husband at fault, that is, the owner of the vehicle, shall bear the liability for the insufficient part, and the insurance company can recover from the infringer after compensation.
If the vehicle is not insured with compulsory traffic insurance in accordance with the law, the owner or manager of the vehicle, as the insurance obligor, should truthfully tell the borrower that the vehicle has not been insured, and the car is not allowed to be on the road in accordance with relevant regulations. If the insurance obligor fails to fulfill the obligation to inform, there is obvious fault: if the infringer did not know or could not know that the accident vehicle was not insured with compulsory traffic insurance before the accident, the insurance obligor shall bear the liability for compensation within the liability limit of the compulsory traffic insurance, and the infringer shall be exempted from liability accordingly.
2.Commercial insurance claims. After the insurance company compensates within the liability limit of the compulsory traffic insurance, if the compensation amount is insufficient, it should consider whether the wife has any exemption circumstances agreed in the commercial insurance contract, such as drunk driving, drunk driving, etc., otherwise the insurance company shall compensate within the scope of commercial insurance liability;If there is drunk driving, it should also be considered whether the insurance company has fulfilled its obligation to prompt and explain the exemption clause, otherwise the insurance company should still be liable. If there is still a deficiency after the compensation of compulsory traffic insurance and commercial insurance, the wife and the husband at fault, i.e., the owner of the car, shall bear the liability for compensation.
Since the vehicle involved in the accident in the above case was only insured with compulsory traffic insurance and not with commercial third-party liability insurance, according to Article 1213 of the Civil Code of the People's Republic of China, if the compensation is insufficient within the limit of compulsory traffic insurance, the infringer shall directly bear the liability for compensation according to the proportion of liability.
3. Other issues that need attention
Based on the legal risks that the owner may face by letting the vehicle to be driven by others, it is recommended that the owner pay attention to the following information:1Check whether your vehicle has any faults that affect the safe driving, whether the vehicle is regularly repaired and maintained, and most fundamentally, you must understand whether your vehicle has passed the annual inspection2.Verify the borrower's driver's license information to see whether the borrower's driver's license is legal, expired, and whether the type of vehicle is consistent with the vehicle3.Whether the borrower has a history of drinking, alcoholism or even drug abuse, and whether the borrower suffers from a disease that prevents the safe operation of the motor vehicle;4.Verify that the borrower is an adult;5.Other situations where there are serious safety hazards.
Links to legal provisions
Civil Code of the People's Republic of China
Article 1209: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.
Article 1213: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 who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance;The shortfall shall be compensated by the insurer underwriting the commercial motor vehicle insurance in accordance with the provisions of the insurance contractIf it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
Insurance Law of the People's Republic of China
Article 17:If an insurance contract is concluded and the standard clauses provided by the insurer are adopted, the insurance policy provided by the insurer to the policyholder shall be accompanied by standard clauses, and the insurer shall explain the contents of the contract to the policyholder.
For the clause exempting the insurer from liability in the insurance contract, the insurer shall, at the time of conclusion of the contract, make a reminder sufficient to attract the attention of the policyholder on the insurance policy, insurance policy or other insurance certificate, and make a clear explanation of the content of the clause to the policyholder in written or oral formIf there is no reminder or clear explanation, the clause shall not be effective.
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
Article 16:Where a motor vehicle that has not been insured with compulsory traffic insurance in accordance with law causes damage in a traffic accident, and the party requests that the insurance obligor compensate within the liability limit of the compulsory traffic insurance, the people's court shall support it.
Where the insurance obligor and the infringer are not the same person, and the parties request that the insurance obligor and the infringer bear corresponding liability within the liability limit of the compulsory traffic insurance, the people's court shall support it.
[**Yufa Sunshine].