If a lease luxury car fails, who will compensate the huge amount of car repair fees?

Because the car lease is not required to apply for insurance

No annual inspection and repair

The models can be replaced at will

more and more people

Choose a car rental instead of buying a car

Losses the burden of buying and raising a car to the rental company

Therefore, it is easy to travel

The purpose of saving costs

But when the car's vehicle fails

Who will bear the cost of repair?

Let's take a look at this case today.

Introduction to the case

01

July 15, 2021

Zhang's car rental company leased a car with a small car with a small car, and took off the vehicle involved in the case from the rental company.

02

On the morning of July 16, 2021

The vehicle involved in the case was submitted after the first failure during driving, and it was taken away on the evening of the same day.

03

July 17, 2021

The vehicle involved in the case failed again. After negotiating with Zhang and the car rental company, the vehicle was dragged to the car rental company designated car repair plant and is currently under maintenance.

The two parties have been negotiated for repeated compensation.

The car rental company operates properly with Zhang

As a result, the vehicle was fired twice after wading

Caused the engine scrap for the court to the court

Ask Zhang to compensate for Porsche sedan

Property loss is 89,000 yuan (accurately identified)

And suspension loss 24,000 yuan

And submit an appraisal application to the court

Apply for vehicle losses to identify

In the lawsuit, Zhang applied for additional A, B, C, and Ding, and the vehicle was not drove when the vehicle had a failure. Additional additional according to law.

Trial

Maintenance worker Wei appeared as a witness

The first failure is a motivation problem. The main reason is that the battery is not the original and smaller than the original car; the second failure is the internal problem of the engine, mainly caused by the exhaust pipe modification; at the same time, no vehicle has a wading problem.

Check another

The vehicle involved in the case has more than ten years of car age

And replaced the battery

The plaintiff for the first time the rental department was rented out for the first time

The court's trial believes that the focus of the controversy in this case is whether the plaintiff requires the defendant to compensate for the loss of vehicles. In this case, the vehicle involved in the case was more than ten years old, and the first rent was rented out for the first time. The failure occurred the next day after the lease. According to the witness of the witness, the first failure was a motivation problem. The main reason was that the battery was not the battery. Original; the internal problem of the engine of the second failure system is mainly caused by the modification of the exhaust pipe; no water related to the vehicle involved in the case was found.

From the original, the defendant WeChat chat record

Witness testimony

Being able to confirm the condition of the vehicle itself is not good

The plaintiff as a lesson

Failure to submit evidence to confirm the rental person or driver

Improper use in the process of renting a vehicle

Or keep bad

I did not apply to evaluate the appraisal method

Determine the cause of the failure

According to existing evidence

Can't confirm the vehicle failure

Related to the defendant or third party

Therefore, the plaintiff's lawsuit request evidence is insufficient

The court does not support

Regarding the application for evaluation and appraisal of the car rental company's request to evaluate the vehicle losses, and after review, the application is meaningless to the fact that the certificate is to be proved, and the court will not allow it. In summary, the lawsuit request of the plaintiff's car rental company was rejected.

After the verdict, the plaintiff's car rental company did not accept the verdict. The appeal to the court in the second instance, and the court of the second instance made a judgment: rejected the appeal and maintained the original judgment.

Article 713 of the "People's Republic of China" stipulates that the lessee may request the lessor to repair within a reasonable period when the leased property needs to be repaired. If the lessor fails to fulfill its maintenance obligations, the lessee can repair themselves, and the maintenance cost shall be borne by the lessor. If the leased property affects the use of the leased property, the rent shall be reduced accordingly or the lease period shall be reduced accordingly. If the leaser needs to be repaired due to the leaser's fault, the lessor does not bear the maintenance obligations stipulated in the preceding paragraph.

According to the above provisions

In the car rental contract

The lessor should deliver the vehicle with a good condition of the vehicle

And ensure that the vehicle can be used normally

The vehicle failure is generally repaired by the lessor

But due to the lessee's fault

Except for the need to be repaired, the leased property needs to be repaired

Therefore, the lessee also responds to the vehicle

With the obligation of proper operation and proper management

If the vehicle fails during the lease period, the cause of the failure should be focused, and then who is responsible. There are two main causes of vehicle failure, one is its own failure, and the other is caused by improper use or poor control of the lessee.

According to the principle of conforming to the contract of the contract and legal fairness, if the lessee is improperly used or the storage is not good, the lessee shall bear the liability of the vehicle's loss compensation. If the car is due to the failure of the vehicle itself, the lessor shall bear the related losses such as maintenance.

In this case, the vehicle involved in the case is higher, and it is the first time to rent the outside world. The lessor itself also recognizes the poor vehicle in the WeChat chat history. Has high possibilities. The lessor should bear the adverse consequences that the vehicle's failure is caused by the lessee or the third party of the vehicle or a third party.

Law link

1. Article 703

The lease contract is a contract for the leaser to deliver the leased property to the lessee, and the lessee pays the rent.

2. Article 708

The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose within the lease period.

3. Article 709

The lessee shall use the leased property in accordance with the agreed method.If there is no agreement or an agreement for the use of leased property, if it is still not determined in accordance with the provisions of Article 51 of the Law, it shall be used according to the nature of the leased property.4. Civil Code Article 711

If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased property, if the leased property is lost, the lessor may terminate the contract and request compensation for the loss.

5. Civil Code Article 713

The lessee may request the lessor to repair within a reasonable period when the leased property needs to be repaired.If the lessor fails to fulfill its maintenance obligations, the lessee can repair themselves, and the maintenance cost shall be borne by the lessor.If the leased property affects the use of the leased property, the rent shall be reduced accordingly or the lease period shall be reduced accordingly.

If the leaser needs to be repaired due to the leaser's fault, the lessor does not bear the maintenance obligations stipulated in the preceding paragraph.

6. Article 714

The lessee shall properly keep the leased property. If the lease is damaged and lost due to poor storage, they shall bear the liability for compensation.

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