Well -intentioned to have a car accident, do the driver be responsible?

Case

Kongmou is kindly equipped with a worker to make money together

Unexpectedly, a car accident in halfway

Both are injured

The worse thing is

Workers who set up for free to the court to the court

It is required to compensate its losses

What will the court judge?

Let's take a look at the following case ~

Basic case

Gong's relationship with Kongmou was a worker. In May 2021, Kong Mou drove a three -wheeled motorcycle with Gong Mou to dig the garlic in Kongmou's hometown to make money. At 20:15 on May 22, the three -wheeled motorcycle drove by Kong collided with Xu Mou's heavy semi -hanging tractor, causing Gong and Kongmou to be injured. The accident was determined by the traffic police department that Xu was responsible for the main responsibility of the accident, and Kong had the secondary responsibility of the accident. Later Gong Mou, Xu Mou, Xu, and Xu's driving vehicle, the traffic insurance insurance company insured by the vehicle, and the vehicle investment (insured) responsible safety co -ordination company to claim to the court, requiring compensation for medical expenses, nursing fees, and nursing fees, nursing fees, and nursing expenses, nursing fees, and nursing fees, and Losses such as mistakes and disability compensation.

Court trial

After the court trial, according to the responsibilities of Kong and Xu in the traffic accident, it was believed that Gong's losses except for strong insurance parts, and the three responsibilities of Xu and Xu's vehicles were co -ordinated by 70%of the liability for the company. The company shall bear the liability for compensation for Xu and the overall company; because Gong will take the non -operating motor vehicle driven by Kong, and there is no evidence to prove that Kong has intentionally or major negligence, it should reduce the liability of Kongmou's compensation. Confucius compensation for 60%of the remaining losses of Gong.

Judge

The key to whether Kongmou can reduce the liability for compensation is whether it constitutes a good intention. The vehicles driven by Kongmou are self -use mobilization vehicles, which are non -operating vehicles. Kongmou was equipped with Gong's relationship with Gong's worker, and there was no intentional or major negligence. responsibility.

Judge remind

1. Good intentions and behavior are a kind of friendship and mutual friendship, but the ride -handed car is free to risk all risks. The obligation to shirk attention should abide by traffic rules and legal norms, drive cautiously, and avoid similar accidents. Focusing on the driver: If there is intentional or major negligence, even if it constitutes good intentions, it cannot reduce the liability for compensation.

2. It is also worth noting that the vehicles drove by Xu in this case insured the traffic insurance at the insurance company, but did not insure the three insurances of the motor vehicle business at the insurance company. Coordinating ", this is different from the" insurance "of the three insurances of the motor vehicle business. The operator of the responsibility and safety of the three motor vehicles does not have the qualification to operate the insurance business. In place. In order to ensure that Gong's losses were in place, the judgment of this case shall be liable for compensation by Xu and the coordinating company's losses to Gong. Therefore, the owners are reminded that the purchase of vehicle insurance should be purchased at a qualified insurance company through formal channels to protect the legitimate rights and interests of themselves and others.

Law link

"People's Republic of China"

Article 1,65 Paragraph 1 stipulates: "If a perpetrators have damaged the civil rights and interests of others due to fault, they shall bear the liability for infringement."

Article 1,211: "Motor vehicles engaged in road transportation operations in the form of an affiliation, which causes damage to traffic accidents and causes the responsibility of the motor vehicle party.

Article 1,217: "If a non -operating motor vehicle accident causes the damage to the people for free, it belongs to the responsibility of the motor vehicle party, and it shall reduce their liability ","

Source: Juye Court, Shandong Gaofa

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