"Don't drink when driving, don't drive when you drink" has become a general consensus among people. Many car owners and friends go out for parties and socialize, and most of them will choose to drive themselves home because they can't drive after drinking. If the substitute driver is involved in a traffic accident while driving, how should the responsibility be divided?Who's going to pay?Recently, the Tianmen Court heard such a case of a dispute over the right of recovery.
Brief facts of the case. On January 30, 2022, Wu got together with friends for a few drinks, and after the end of the party, he was ready to invite Zhang Jia, who had dinner together but did not drink, to send him home. Zhang Jia said that his son Zhang Yi could drive, so he proposed to let Zhang Yi drive on his behalf. Unexpectedly, a unilateral traffic accident occurred during Zhang Yi's driving, and the traffic police department determined that Zhang Yi was fully responsible. The accident caused damage to the vehicle and needed to be repaired. Wu promised to let Zhang Yi pay the repair fee first, and after the insurance company paid the compensation, he would return the advance payment to Zhang Yi. Subsequently, the insurance company paid 12,500 yuan for the vehicle repair fee to Wu, but Wu repented and did not agree to return Zhang Yi's advance. For this reason, Zhang Yi sued the Tianmen Court, demanding that Wu return the vehicle repair fee of 12,500 yuan paid in advance.
Court mediation. After the case was accepted, the presiding judge actively contacted both parties to learn more about the cause of the case. In line with the purpose of giving priority to mediation and truly resolving conflicts and disputes, it was explained to both parties that the vehicle involved in the case had purchased compulsory traffic insurance, and the insurance company had compensated Wu for the vehicle repair fee of 12,500 yuan, and that Wu's vehicle had been repaired, the loss had been compensated, and there was no legal basis for him to continue to occupy the vehicle repair feeAnd Zhang Yi was involved in an accident while driving, and he was also at fault. After the judge's patient and meticulous interpretation of the law, both parties recognized their own faults and expressed their willingness to accept mediation. In the end, the two parties voluntarily reached an agreement on mediation, and Wu refunded Zhang Yi's vehicle repair fee of 6,250 yuan, which has now been fulfilled. So far, the case has been successfully concluded.
What the judge said. There are the following situations in the event of an accident during the process of motor vehicle driving:
1.Free driving for friends and family. In the event of a traffic accident under such circumstances, the owner or manager of the vehicle shall generally bear the liability for compensation, but if the substitute driver is intentional or grossly negligent, he shall be jointly and severally liable with the owner or manager of the motor vehicle.
2.Hire someone to drive on a temporary basis. In this case, in the event of a traffic accident, the insurer shall bear the insurance liability according to the type of insurance insured by the owner, and the excess part shall generally be borne by the employer, that is, the owner. However, if the substitute driver causes damage due to intentional or gross negligence, he shall bear the corresponding liability for compensation.
3.Paid substitute driving provided by the driving company. In the event of a traffic accident in this case, the motor vehicle insurer shall first bear the insurance liability, and if the insurance is insufficient to compensate, the liability shall be borne by the driving company. If the owner of the vehicle or the manager of the motor vehicle is at fault in command and management, he shall bear the corresponding liability for compensation.
The judge hereby reminds all car owners to find a substitute driver after drinking, and try to find a regular and professional substitute driving company;Purchasing vehicle insurance can effectively reduce the financial burden caused by traffic accidents and protect your legitimate rights and interestsStrictly following traffic rules is the most effective way to avoid traffic accidents.
*: Tianmen Municipal Bureau of Justice, Tianmen Municipal People's Court.