There was an accident sold eight years ago, and I actually had to take responsibility?

Introduction to the case

On April 16, 2018, Hu Mou's two -wheeled motorcycle, which drove the unspeakable number plate, collided with the human tricycle driving Wu Mou, causing a traffic accident that caused Wu to be injured and damaged by two cars. The traffic police department determined that Hu was responsible for all accidents. After the accident, Wu was sent to the hospital for treatment at 58432.02 yuan for medical expenses. After identifying the appraisal agency, Wu was injured and fractured in multiple places, forming a nine -level and ten -level disability.

After investigation, Wang's motorcycle was purchased in 1997. The forced scrap date was September 2010. After Wang bought and drove for a period of time, it was sold because the vehicle could not be used normally. Since then It was sold several times and was purchased by Qu in 2011. In early March 2018, Qu sold the car to Hu, and Hu Mou had a traffic accident during the car. Due to the compensation problem, it was not resolved. Wu Mou complained to the court to the court, asking for compensation for medical expenses, residential food subsidies, disabled compensation, spiritual soothing, and transportation expenses. Yuan.

The court held that the accident was fully responsible for this accident. Therefore, Hu as an infringement shall bear all the liability for the losses of Wu for this traffic accident. Because the vehicle has reached the date of compulsory scrap during the first transfer, and it is no longer possible to drive normally during the transfer, it is a motor vehicle that is prohibited from driving in accordance with the law. Local responsibility. In the end, the court ruled that Hu had compensated Wu for 135012.02 yuan, and Wang and Qu were liable for compensation for compensation.

Judge

Driving vehicles and scrap vehicles are prohibited from driving vehicles in accordance with the law. Due to long -term use, the parts have been seriously lost and the power assembly defects are obvious. The performance of use when driving on the road will be greatly reduced, which will easily cause traffic accidents and cause major casualties. Article 14 of the "Road Traffic Safety Law" clearly prohibits the driver's motor vehicle that has prohibited the driving date of compulsory scrap, and stipulates that the motor vehicle that should be scrapped must be registered and registered in a timely manner. "Explanation of the Supreme People's Court on the Application of Laws on the Case of Damage to the Road Traffic Accidents" (Article 4 of the Law Explanation No. 202017) clearly stipulates: "Lauding vehicles, motor vehicles that have reached scrapped standards, or other motor vehicles prohibited in accordance with the law from law It is transferred multiple times and caused damage caused by a traffic accident. If the parties ask for the responsibility of all the transferors and the assignee, the people's court shall be supported. " Therefore, for motor vehicles that meet the mandatory scrap standards, they must not continue to transfer or drive on the road, and the cancellation procedures should be completed in time.

Source: Yixing People's Court

Author: Ma Zhengzheng

Edit: Zhao Yan

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