Who bears the responsibility for an accident caused by driving a motor vehicle without compulsory tr

Mondo Social Updated on 2024-02-01

Lufa case [2024] 050

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If a motor vehicle that is not insured by another person collides with an electric vehicle, who will be liable for the damage caused by the traffic accident? How to divide it?

Brief facts of the case

The registered owner of the Lu AXXXX6 vehicle is An, and the vehicle is not insured with compulsory traffic insurance and commercial insurance. On the evening of February 6, 2022, An's spouse Pan was driving the vehicle and Wang was driving an electric bicycle, and the two vehicles collided, causing a road traffic accident in which the two vehicles were damaged and Wang was injured. According to the traffic police department, Pan and Wang bear equal responsibility for the accident. Later, the two parties had a dispute over the compensation for the accident, and Wang sued Pan and An to the Huaiyin Court, requesting that the defendant be ordered to compensate for medical expenses, hospital meal subsidies, appraisal fees and other expenses totaling 143017 yuan, and the part exceeding the compulsory traffic insurance was claimed in accordance with the proportion of 70%, totaling 138335 yuan. Pan and An argued that the plaintiff's liability for damages from the defendant was unreasonable, and An should only be jointly and severally liable within the scope of liability for compulsory traffic insurance.

Heard by the courts

The focus of the dispute in this case is: who bears the liability for damages claimed by the plaintiff and how to divide it? After trial, the court held that Pan drove the vehicle on the road and did not drive safely and civilly in accordance with the operation specifications, and had a traffic accident with Wang, and the traffic police department determined that Pan bore the same responsibility for the accident and Wang bore the same responsibility for the accident, which was in line with the law and was accepted by this court. Article 1165 of the Civil Code of the People's Republic of China stipulates that "if the actor infringes upon the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability......"Because Pan bears equal responsibility for the occurrence of this accident and his behavior is at fault, Wang's request for Pan to compensate for the losses caused by this traffic accident in accordance with the law is legal and well-founded, and this court supports it. Article 1209 of the Civil Code of the People's Republic of China stipulates that "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 to 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 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Compensation for Damages in Road Traffic Accidents stipulates that "if a motor vehicle that has not been insured with compulsory traffic insurance in accordance with the law causes damage caused by a traffic accident, and the party requests the insurance obligor to 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. "In this case, the infringer is the driver of the vehicle, Pan, and the insurance obligor is the owner of the car, An, and Pan and An are husband and wife, so Pan and An should first bear the liability for compensation for Wang's losses within the limits of the compulsory third-party liability insurance liability of the motor vehicle, and the insufficient part shall be shared by Pan and Wang according to their respective faults. Taking into account the fault of Pan and Wang, the traffic accident between a motor vehicle and a non-motor vehicle in this case, and referring to the relevant standards, this court believes that it is appropriate for Pan to bear 60% of the compensation liability for the part of Wang's loss that exceeds the liability limit of the compulsory third-party liability insurance of motor vehicles. Wang did not submit evidence to prove that An was at fault for the occurrence of this accident, and his request that An bear the liability for compensation for the part of his losses that exceeded the liability limit of the compulsory traffic insurance was not supported by this court because of insufficient basis. In the end, after accounting, the court ruled that the defendant Pan should compensate the plaintiff Wang for medical expenses, nursing expenses, transportation expenses, etc., totaling 126,710 yuan within the liability limit of the compulsory third-party liability insurance of motor vehicles, and the defendant An was jointly and severally liable for this; The defendant Pan compensated the plaintiff Wang for medical expenses and nutrition expenses totaling 9,377 yuan; The plaintiff's other claims were dismissed. After the judgment was rendered, the two defendants were dissatisfied and appealed to the Jinan Intermediate People's Court, and the court of second instance ruled after hearing that the appeal was rejected and the original judgment was upheld.

What the judge said

Article 1209 of the Civil Code clarifies that when the owner, manager and user of a motor vehicle are not the same person, the liability of the user of the motor vehicle for compensation and the liability of the owner or manager of the motor vehicle for the fault of the damage caused by a traffic accident occurs. That is, due to leasing, borrowing, etc., when the owner, manager and user of the motor vehicle are not the same person, and the damage caused by a traffic accident occurs, the insurance company shall first compensate within the limit of the liability of the compulsory insurance of the third party liability of the motor vehicle, and the liability for the insufficient part shall be borne by the user of the motor vehicle, and the owner and manager of the motor vehicle shall bear the corresponding liability for compensation if the owner or manager of the motor vehicle is at fault for the occurrence of the damage. The circumstances in which the owner or manager of a motor vehicle is at fault include: knowing or should have known that the motor vehicle was defective, and the defect was one of the causes of the traffic accident; Knowing or should have known that the driver is not qualified to drive or has not obtained the corresponding driving qualifications; Knowing or should know that the driver is unable to drive a motor vehicle in accordance with the law due to drinking, taking psychotropic drugs or substances controlled by the state, or suffering from diseases that impede the safe driving of a motor vehicle; Other areas where the owner or manager of the motor vehicle shall be found to be at fault. In this case, the driver of the vehicle is Pan, the owner is An, the vehicle is not insured with compulsory traffic insurance, and the plaintiff has not submitted evidence to prove that An is at fault for the occurrence of this accident, so according to Article 1209 of the Civil Code and Article 16 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, Pan and An should be liable for compensation within the limits of the compulsory third-party liability insurance liability of motor vehicles. The insufficient part is to be shared by Pan and Wang according to their respective faults.

Links to legal provisions

Article 1209 of the Civil Code of the People's Republic of ChinaIf the damage caused by a traffic accident occurs when the owner, manager and user of the motor vehicle are not the same person due to leasing or borrowing, etc., and the motor vehicle user is responsible for the motor vehicle, the motor vehicle user 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 16 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 AccidentsWhere 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. **Huaiyin Court.

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