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Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law

Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law
Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law

It was out of friendship to help return the car, but due to an accident due to unlicensed driving, and finally the former friend went to court, who will bear the responsibility for the accident?

Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law

Case review

Ma and Li are friends. Li lent his small car without compulsory traffic insurance to Ma without a driving license, and the vehicle driven by Ma collided with the vehicle driven by Zhang, causing a traffic accident in which the two cars were damaged. The traffic police department determined that Ma was fully responsible for the accident. Because Zhang did not reach an agreement with Li and Ma on the compensation for the loss of his vehicle, he sued the two to the Chengdong Court, demanding that the two jointly compensate for various losses of nearly 50,000 yuan.

Heard by the courts

After trial, the Chengdong Court held that Ma was driving without a license, and Li, as the owner of the motor vehicle, did not review the driving qualifications of the driver Ma when he lent the motor vehicle, and lent the vehicle that he did not purchase compulsory traffic insurance to Ma for use on the road, and both parties were at fault for the occurrence of the damage, and both parties should bear the corresponding liability for compensation.

Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law

Judge reminds

Compulsory traffic insurance is an insurance type established to promote road traffic safety and ensure that traffic accident victims are compensated in accordance with the law. The Road Safety Law of the Mainland clearly stipulates that the mainland implements a compulsory third-party liability insurance system for motor vehicles, and the owner or manager of a motor vehicle driving on a road within the territory of the People's Republic of China shall take out compulsory traffic insurance in accordance with the regulations, and each owner or manager of a motor vehicle shall timely fulfill the obligation to take out compulsory traffic insurance.

In addition, don't be embarrassed and blindly lend your vehicle. If it is really necessary to borrow a vehicle, both parties need to verify the following information in detail: first, check whether the vehicle has purchased the corresponding car insurance; The second is to check whether the vehicle has faults that affect the safe driving, and whether the vehicle is regularly repaired and maintained; The third is to verify the age of the borrower, the information of the driver's license, whether it is within the validity period, and whether the type of vehicle is consistent with the vehicle; Fourth, verify whether the borrower has drunk alcohol, alcoholism, whether he has a history of drug abuse, and whether he has a disease that hinders the safe driving of a motor vehicle. If the review is not careful, the owner and manager of the vehicle will also bear the corresponding responsibility according to the degree of their own fault. In addition, it is necessary to strictly abide by traffic laws and regulations, resolutely put an end to driving without a license and going on the road without insurance, so as to drive safely and travel in a civilized manner.

Links to legal provisions

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 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.

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

Article 1: In any of the following circumstances, the people's court shall determine that the owner or manager of a 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 the motor vehicle was defective, and that the defect was one of the causes of the traffic accident; (2) Knowing or should have known that the driver does not have driving qualifications 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 because of drinking alcohol, taking psychotropic or narcotic drugs controlled by the state, or suffering from a disease that impedes the safe driving of a motor vehicle; (4) Other circumstances that shall determine that the owner or manager of the motor vehicle is at fault.

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

Where 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.

Article 2 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

The owner or manager of a motor vehicle driving on a road within the territory of the People's Republic of China shall take out compulsory insurance for motor vehicle traffic accident liability in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China.

Source: Chengdong Court

Editor: Miao Yan Review: Feng Jun

Chengdong Court: Dare to borrow without insurance, dare to drive without a license, and "drive" with the law