[Perspective Society · The Rule of Law News] How can a traffic accident in a traffic accident in the "rush -winding car"?

When driving in daily life, the situation of being asked by friends and colleagues to take a ride -winding car repeatedly occurred. Passengers will also be grateful to the driver's enthusiastic aid. However, once a traffic accident involves compensation, the two parties will have contradictions.

A few days ago, the People's Court of Changsha County, Hunan Province, concluded a case of "good intentions" behavior during the employment period of employment, causing a traffic accident infringement dispute that was harmed by people. 30%, the other party of the accident bear 10%responsibility.

The court found out that on July 25, 2020, Nie Mouxiong drove a non -operating small car with Li Mouqing and others to Xingsha Town, Changsha County. On the way, a non -motor vehicle driving with Li Mou had a collision, causing Li to be Li Mou. Li Mouqing was injured and the two cars were damaged. Later, the traffic police department identified according to law: Nie Mouxiong and Li should bear the same responsibility of the accident, and Li Mouqing did not bear the responsibility. Chen Mouqi is the owner of the small car.

After the court trial, it was believed that although the traffic police department determined that Li and Nie Mouxiong had the same responsibility for traffic accidents, based on Nie Mouxiong's speeding driving, vehicle illegal modification, illegal cargo, etc. The danger of others is much higher than factors such as non -motorized vehicles. Therefore, it is determined that Nie Mouxiong assumes the main responsibility for Li Mouqing's losses, and Li Mou assumes the secondary responsibility. Nie Mouxiong's unauthorized ride of Li Mouqing without his employer Chen Mouqi is his personal behavior rather than engaged in employment activities. However, as the actual owner of the vehicle of the accident, Chen Mouqi's damage results in the result of the illegal modification of the accident of the accident. Responsibility. Nie Mouxiong drove a vehicle for non -operating motor vehicles. He had a traffic accident when he took Li Mouqing for free. As the beneficiary of the "good intention" behavior, Li Mouqing should appropriately reduce Nie Mouxiong's liability for compensation. The court then made the decision in accordance with the law.

Who should be responsible for the accident?

"Good intention" is the "free" benefit of the vehicle driver, and does not charge any fees to the fellow. If the passenger pays the driver to pay or pay disguise in disguise, the two parties should think that the two parties have a "paid" contract relationship.

Article 1,217 of the Civil Code, which clarifies the legal rules of "good intentions", stipulates that "non -operating motor vehicles cause traffic accidents to cause unpaid ride damage. If the responsibility of the motor vehicle, it shall be reduced Its compensation liability, except that the use of motor vehicle users has intentionally or major faults. "

Once the driver of the vehicle agrees to bring the same passenger, that is, the obligation to safeguard the dealership to the destination. If the driver's fault caused the losses of the same driver on the way, the driver shall bear the corresponding civil liability. If the driver does not know if the ride is riding or clearly refuses to take the request, the damage caused by the motor vehicle traffic accident is not applicable to the rules of "good intentions".

(Reported by the Perspective Club Comprehensive People's Court, Surging News, Rizhao.com)

Edit: Li Xuying

School pair: Li Yan

Review: Gong Zimo

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