Motor vehicles generally refer to wheeled vehicles that are driven or towed by their own power units, do not use tracks, and can be driven on land, including automobiles, trailers, trolleybuses, agricultural transport vehicles, motorcycles, motor tricycles, transport tractors and wheeled special mechanical vehicles. In daily life, it is not uncommon for relatives and friends to borrow a car, and there are many cases of traffic accidents after borrowing a car, which can lead to liability disputes.
Netizen consultation:
If a traffic accident occurs by borrowing another person's motor vehicle, whether the owner of the vehicle has to pay compensation
Lawyer answers:
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 occurs, the liability for compensation shall be analyzed on a case-by-case basis. If it is the responsibility 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.
In any of the following circumstances, the people's court shall determine that the owner or manager of the motor vehicle is at fault for the occurrence of the damage and apply the provisions of Article 1209 of the Civil Code to determine its corresponding liability for compensation:
1) Knowing or should have known that there is a defect in the motor vehicle, and the defect is one of the causes of the traffic accident;
2) Knowing or should know that the driver is not qualified to drive or has not obtained the corresponding driving qualifications;
3) Knowing or should know that the driver is unable to drive a motor vehicle in accordance with law due to drinking, taking psychotropic drugs or substances controlled by the state, or suffering from diseases that impede the safe operation of a motor vehicle;
4) Other situations where the owner or manager of the motor vehicle shall be found to be at fault.
Lawyer adds:
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.
Legal basis] Civil Code of the People's Republic of China
Article 1209 Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the user of the motor vehicle shall be liable for compensationIf 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.
Lawyer Zhao Chentao's profile
Specializing in traffic accidents, labor injuries, marriage and family and other types of cases, with rich experience. Solve legal problems for the parties with rational thinking and responsible attitude.