On the afternoon of June 29, a yellow Ferrari caught fire in the direction of the East Bund from the west of Shanghai's Beiheng Passage, and the back half of the car burned beyond recognition.
Mr. Jiang said that he had lent the car to a friend, which was an accident that occurred on the way to the car by the friend's substitute driver. "I was at home at the time, and my friend called me first to say that the water tank had burst, and after more than ten minutes, he told me that the car had spontaneously combusted." After that, Mr. Jiang got in touch with the substitute driver and asked him if he drove in first gear the whole time, "The substitute driver replied to me 'yes', and he said that he had driven fifty or sixty yards until now." ”
"This car has two modes of manual transmission and automatic transmission, and the substitute driver should not have been adjusted to automatic transmission, and the manual transmission 1 gear has been driven at a speed of fifty or sixty yards per hour, and the engine has overheated due to high speed for a long time." Mr. Jiang speculated that the coolant flowed out of the water tank at first, and that there may have been no cooling measures after that.
At present, both the driver and Mr. Jiang have recorded their statements, and the fire department has informed them that it will take one month to issue a report on the cause of the fire.
Source: Shangguan News
On June 30, Mr. Jiang released a video in response to the incident, bluntly saying that "my 5 million is gone in an instant".
Source: Shangguan News
Mr. Jiang said that the model of the vehicle that caught fire was a Ferrari F8 Spider, which was purchased in September 2022, when the car landed and cost 5.2 million yuan, and the total loss of car insurance was more than 200 yuan.
The customer service of the company's Chinese People's Insurance Company, where Mr. Jiang was insured, said that the specific claim situation still needs to be determined according to the amount of damage assessed by the accident vehicle.
Source: Shangguan News
After the accident, Mr. Jiang tried to contact the driving company. As of noon on June 30, only the substitute driver was in contact with him. "It's the security patrol driver on the AutoNavi platform. They have a bit of a bad attitude and think that this matter has nothing to do with them. ”
At present, Mr. Jiang is preparing to sue the security patrol driver to the court. According to public information, Anxun is affiliated to Shanghai Anxun Technology Co., Ltd., which was established in January 2021 with a registered capital of 1 million yuan.
On the afternoon of June 30, the relevant staff of the security patrol driver said, "I have paid attention to the incident, and the company is currently going through the process, and will contact the owner in the future, and the specific situation will be communicated with the owner face-to-face." When the reporter wanted to ask about the insurance policy and details of the driving service, the staff member immediately hung up the phone.
In addition, the staff of the AutoNavi platform said that the accident-related situation is also being investigated internally by the platform, and it will take some time.
So how should this matter be viewed from a legal point of view?
The author of the headline number "Carrot Says" @胡萝卜说法对此进行了分析.
Lawyer: The determination of liability shall be based on the fire certificate
Mr. Jiang lent the car to a friend, who had the obligation to keep it properly and return the car on time. The vehicle spontaneously combusted on the way back, and the friend needs to bear some responsibility for Mr. Jiang, but the size and nature of his responsibility need to be determined according to the specific circumstances.
If the substitute driver is at fault such as improper operation, the platform may recover from the substitute driver after assuming the liability for compensation.
The first paragraph of Article 1191 of the Civil Code stipulates that
If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
The fire department's fire certificate is essential for the determination of responsibility.
If it is determined that the spontaneous combustion is due to the quality of the vehicle itself, then the manufacturer of the vehicle may be liable.
Article 1202 of the Civil Code,
If the product is defective and causes damage to others, the manufacturer shall bear tort liability.
Regarding the friend's behavior of looking for a substitute driver, he should foresee the possible risks of the substitute driver and be responsible for the consequences of choosing a substitute driver.
Article 1209 of the Civil Code,
If 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 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.
(Zero Degree Times Review Comprehensive Shangguan News, Headline Author @Carrot Said)