What should I do if a car accident occurs on behalf of a driver? How should I divide the responsibility for a car accident on behalf of a driver
4hw.com.cn: many friends who go out to socialize inevitably drink, so it is also common to call Valet driving. So what should I do if I have a car accident? How to divide the responsibility for driving a car accident? Let's have a look.
Nowadays, the inspection of drunk driving is becoming more and more strict. Generally, there are two kinds of driving on behalf of others. One is free driving, and the other is hiring someone to drive on behalf of others. It means that after drinking, you call relatives and friends, and relatives and friends come to help you drive away. This is a relationship of mutual help and assistance. There is no need to pay relatives and friends, so it is called free driving.
Article 13 of the interpretation of the Supreme People's Court on Several Issues concerning the trial of personal injury compensation cases stipulates that if a person voluntarily helps others work and an accident occurs in the process of helping others, resulting in injury, the helped person shall bear the responsibility and compensate the person who helps himself. If the person to be helped clearly refuses to help at the beginning, he does not need to bear any liability for compensation. If a person who helps others has intentional or gross negligence in the process of work, he may request the helping workers and the helped workers to be jointly and severally liable, and the people's court will support him. " Therefore, under normal circumstances, the owner of the vehicle will be responsible for the accident of substitute driving, but if there is intentional or gross negligence in the driving process, they need to bear the responsibility together.
Hire someone to drive on behalf of others: it refers to that others pay for you to help drive temporarily when they drink. This relationship belongs to the employment relationship. Therefore, if the employment relationship drives on behalf of others, the employer's car insurance can be provided, and the insurer shall bear the insurance liability and compensate for the excess. The employer shall be responsible for the excess. However, if the driver has a traffic accident for his own reason, resulting in injury to himself or others, he shall be liable together with the employer.
Through the above introduction, you have a certain understanding of the handling of driving accidents. What belongs to individuals, and there are many driving companies to serve you. Employers and driving companies establish a contracting relationship. After a traffic accident, the driving company should also bear the responsibility and compensate the owner for the loss.