For the most part
Take a "ride-along" ride
It's a good thing
But
Once on the go
In the event of a traffic accident, personal and property damage is caused
Who should pay for this?
Listen to what the judge has to say
Brief facts of the case
Zhao took a non-operating small car driven by Guo free of charge, and collided with a small car driven by Wang at a certain intersection, causing damage to the two vehicles and injuring Zhao. The accident was determined by the traffic police department: Guo and Wang were equally responsible, and Zhao was not responsible. After the accident, Zhao was hospitalized and later identified as having a Grade 9 disability. The small car driven by Wang was insured with compulsory traffic insurance and commercial insurance of 1 million yuan in an insurance company, and the accident occurred within the insurance period. Zhao sued and requested that Guo, Wang, and an insurance company be ordered to compensate a total of 240,000 yuan for medical expenses, disability compensation, disability assistive devices and other expenses.
Heard by the courts
This case is a traffic accident liability dispute between motor vehicles, Guo and Wang bear the same responsibility for the accident (each bear 50%), Zhao is not liable, and Guo and Wang should bear the corresponding liability for compensation to Zhao.
First of all, Wang should bear 50% of the liability, that is, he should compensate Zhao 120,000 yuan, but because the vehicle driven by Wang was insured by an insurance company, the insurance company first compensated within the insurance limit. Secondly, Guo drove a non-operating motor vehicle to allow Zhao to take the same company free of charge, and a traffic accident occurred and caused Zhao to be injured, although Guo was responsible for the accident, but it was not intentional or gross negligence, and it was a "good intention" relationship with Zhao, so Guo's liability for compensation was reduced in accordance with the law, and the loss of 120,000 yuan for Zhao outside the scope of insurance claims was determined to be compensated by Guo at a rate of 50%, and the responsibility for the reduction was borne by Zhao.
"Ride with good will" refers to the act of allowing others to ride without compensation based on goodwill or friendship. The act is gratuitous, altruistic, and non-binding. This behavior is the embodiment of the traditional virtue of helpfulness of the Chinese nation, and is more in line with the values and judicial expectations of the public. Article 1217 of the Civil Code stipulates that "if a traffic accident involving a non-commercial motor vehicle causes damage to a passenger without compensation, and it is the responsibility of one party to the motor vehicle, its liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent", providing a certain judicial guarantee for the act of co-passenger in good faith.
If the passenger is not responsible for the vehicle, the driver of the other party's vehicle shall be liable (if the other party's vehicle is insured, the insurance company will pay the claim within the insurance liability limit); If the passenger is fully responsible for the vehicle, the driver of the vehicle shall be liable, but its liability for compensation shall be reduced (except for intentional or gross negligence of the driver); If both the passenger and the other vehicle are liable, the other party's vehicle shall bear the corresponding liability according to the division of responsibility (if the other party's vehicle is insured, the insurance company shall pay the claim within the insurance liability limit), and the driver of the vehicle shall be liable for the remainder, but his liability for compensation shall be reduced (except for intentional or gross negligence of the driver).
It is worth noting that "good intentions ride" can be used as a factor to reduce the driver's liability, but the act of a good faith co-passenger riding without compensation does not mean that he is willing to take all risks. Therefore, if the driver is responsible for the accident, he shall also be liable for the damage of the passenger. As a driver, you should fulfill the duty of care and safety, abide by traffic rules, and drive in a civilized manner. As a passenger, you should also be aware of safety and do not ride in vehicles that do not have the driving qualifications of people and vehicles that do not meet safety standards.
Civil Code of the People's Republic of China
Article 1217 stipulates: "If a traffic accident involving a non-operating motor vehicle causes damage to a gratuitous passenger, and the liability of the motor vehicle party is the responsibility of the motor vehicle, its liability for compensation shall be reduced, except where the user of the motor vehicle is intentional or grossly negligent." ”
Source: WeChat public account of Xi'an Intermediate Court