In life, not everyone can have enough money to support a vehicle, so when we don't have a car but need it, borrowing a car has become the most convenient way, so for us to lend the car to a friend, but there was an accident while others were driving, for the car owner, do you need to compensate?
Netizen consultation:
Does the owner of the car need compensation for lending a car to a friend in an accident?
Lawyer answers:
If you lend a car to a friend in an accident, the owner does not need to compensate. If the owner lends the car to someone else to drive, he is usually not liable for compensation. The liability for compensation shall first be borne by the insurance company within the limit of liability of the compulsory insurance of motor vehicles, and if it is insufficient, it shall be borne by the actual user, that is, the person who borrowed the vehicle. However, if the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
Lawyer adds:
Liability for traffic accidents is divided as follows:
1. If the road traffic accident is caused by the fault of one of the parties, the full responsibility shall be assumed
2. If a road traffic accident occurs due to the fault of two or more parties, it is necessary to bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their behavior on the accident and the severity of the fault
3. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable;
4. If one party intentionally causes a road traffic accident, the other party is not liable.
[Laws and Regulations].
Article 1209 of the Civil Code of the People's Republic of China.
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 1210.
If the parties have transferred and delivered the motor vehicle by sale or other means, but have not registered it, 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.
Profile of lawyer Zhang Mingli
Relying on the team, lawyer Zhang has adhered to the practice concept of professionalism and responsibility and integrity, and has been professionally engaged in criminal defense, economic disputes, traffic accidents and other cases, and has provided services for corporate and individual customers with his unique case-handling ideas, and has achieved good service results.