Who is responsible for a second-hand car accident? The car dealer bears 30
Author: Beijing Yingtai (Shanghai) Law Firm.
Case replay] In February 2023, Ke drove a motor vehicle and collided with Zhou. The accident was determined by the traffic management department, and Ke was fully responsible. The vehicle involved in the accident was registered in Hu's name, and because the negotiation on compensation failed, Zhou sued the court, demanding that Ke and Hu share the liability for compensation. After carefully reading the case file, the presiding judge believed that it was unreasonable for the vehicle to drive on the road without compulsory traffic insurance, so he called ** to verify with Ke and Hu. It was learned that the car was sold by Hu to a second-hand car dealership, and the car dealer sold the vehicle to Ke, and Ke had an accident three days after he bought the car.
After trial, the court held that although the vehicle involved in this case was registered in the name of Hu, after he sold the vehicle and delivered it to a second-hand car dealer, the car dealer was already the vehicle manager and the actual owner. When the second-hand car dealer resold the car to Ke, he knew that the compulsory traffic insurance had expired, but provided Ke with a false compulsory traffic insurance policy, causing Ke to mistakenly believe that the vehicle was still within the compulsory traffic insurance period, and an accident occurred while driving on the road. Therefore, the second-hand car dealer is at fault for the failure of the vehicle involved in the case to be insured by the compulsory traffic insurance, and shall bear the corresponding liability within the liability limit of the compulsory traffic insurance, and shall bear 30% of the liability according to the degree of its fault. As the infringer, Ke bears 70% of the liability for the losses within the limit of the compulsory traffic insurance. The loss exceeding the limit of the compulsory traffic insurance shall be borne by Ke. Hu delivered the vehicle to the second-hand car dealer through the sale, and although he did not register it, the car was no longer under Hu's control, so he was not responsible for the car without compulsory traffic insurance. In the end, it was decided that the second-hand car dealer should bear 30% of the liability; Ke bears 70% of the responsibility.
Yingtai lawyer on the law].
Article 17 of the Road Traffic Safety Law of the People's Republic of China: The State implements a compulsory third-party liability insurance system for motor vehicles and establishes social assistance for road traffic accidents. The specific measures are stipulated by ***.
Yingtai lawyer reminds].
I would like to remind you that when buying a second-hand car, you must verify the information of the vehicle insurance policyholder, insurance type and policy period, and go to the insurance company to go through the vehicle policy transfer procedures in time. In addition, the second-hand car dealer should truthfully inform the buyer of the insurance status of the vehicle, otherwise the accident will bear the corresponding legal responsibility.