A man in Hangzhou practiced in the underground garage by a man in Hangzhou and accidentally hit 4 million Bentley. Lawyers: need to bear full responsibility

【Source: Nine Pai News】

On September 26, a news about the hit of luxury car Bentley became a hot topic. A man in Hangzhou practiced motorcycles in the underground garage in the community and accidentally hit a Bentley car worth 4 million yuan, causing Bentley's door to be hit out of a hole.

According to the 1818 Golden Eye report, Ms. Zhao, the owner of Bentley. According to the chat history, she received a reply that the maintenance cost alone needed about 3.0 million yuan. Considering the depreciation of the vehicle due to damage, the actual loss is more. She said that she didn't drive much after buying a car, so she did not apply for insurance in time.

For compensation, the man who rode a motorcycle said that the motorcycle who hit Bentley was borrowed from friends. He was not intentional and could only bear a compensation of up to 20,000 yuan. In addition, he felt that the actual car owner of the motorcycle was unwilling to take responsibility.

Ms. Zhao proposed that the underground garage in the community has now become entertainment venues for motorcycles and scooters. For this situation, property should be responsible for improper management. Therefore, the property needs to be responsible for the fact that Bentley is hit.

The property manager responded that it was recommended to determine the responsibility distribution by the accident identification.

Bentley. Official website promotion map

Jiupai News learned that the Pentley Parking Community was Haili Tiandi Community in Hangzhou. A real estate staff responsible for sale revealed that only 45 square meters of apartments were sold in the community, with the price of about 2 million to 3 million.

At present, parking spaces in the community are also sold, all of which are located on the first floor. The price of a single ordinary parking space is about 220,000, and the most expensive barrier -free parking space will cost 300,000 yuan.

Lawyer Lan Tianbin, partner of Jiangsu Faid Dongheng Law Firm, said that according to the "Civil Code", due to the situation of leasing and borrowing, the owner, manager and user of motor vehicles and users are not the same person. If the responsibility of the motor vehicle is responsible, the motor vehicle users shall bear the liability for compensation; the owner and the manager of the motor vehicle shall bear the corresponding compensation liability for the occurrence of the damage. Therefore, motorcycle users should be responsible to determine the book according to the accident, and they must bear full responsibility.

As for whether the motorcycle owner should bear responsibility, Lan Tianbin said that it depends on whether there is any fault for damage. If it belongs to one of the following situations, the actual owner must also bear the liability for compensation:

Knowing or knowing that there are defects in motor vehicles, and the defect is one of the causes of traffic accidents.

Knowing or knowing that the driver is not qualified to be driving or has not obtained the corresponding driving qualification.

Knowing or knowing that the driver cannot drive a motor vehicle in accordance with the law, or suffer from diseases that hinder driving motor vehicles because of drinking psychotropic drugs or anesthetic drugs, or suffer from diseases that hinder driving motor vehicles.

Others shall be determined that the motor vehicle owner or manager shall be fault.

If the motorcycle owner purchases the motor vehicle traffic accident liability for compulsory insurance (hereinafter referred to as the traffic insurance), the insurance company shall compensate within the scope of the liability limit. The infringer recovers.

If a commercial insurance is also purchased, the insurance company will pay for compensation within the scope of the liability limit of the strong insurance insurance.

If the traffic accident is not insured in accordance with the law and the traffic accident causes damage, the motorcycle owner and the borrower will bear the liability for compensation within the scope of the liability of the traffic insurance.

As for whether the property is responsible, Lan Tianbin believes that this requires whether the property has fault and the size of the fault. As a venue manager in practice, even if there are faults, the proportion of undertakings is relatively small.

Jiupai journalist Wu Di

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