In real life, it's common to borrow a car. But when someone borrows a car and causes an accident, how to divide the responsibilities?
Is it all the responsibility to lend a car to others?
Article 49 of the tort liability law stipulates that if the owner and the user of a motor vehicle are not the same due to leasing or borrowing, and the liability of the motor vehicle belongs to one party after a traffic accident, the insurance company shall make compensation within the scope of the compulsory motor vehicle insurance liability limit. For the insufficient part, the user of the motor vehicle shall bear the liability for compensation; if the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
Therefore, only when the owner is at fault can he bear the compensation liability, and bear the corresponding proportion liability according to the size of the fault.
What is the owner's fault?
Clearly know that the borrower of the car drinking, drug use but still lend the car to the borrower. If borrow a car person to drink or take drugs after borrow a car, car owner does not need to undertake joint and several responsibility.
I know my car is in trouble but I still lent it. The vehicle fault here refers to the problems affecting the normal driving of the borrowed vehicle, such as the power system, braking system, tire bulge, etc.
Lend your vehicle to someone who doesn't have a driver's license or whose license has been revoked, or your vehicle doesn't fit his approved model. Not only to see whether the other party has a driver's license, but also to pay attention to the validity period of the other party's driver's license and the permitted driving model. Once the driver's license expires or the permitted driving model does not conform to the borrowed vehicle, the owner shall bear joint and several liability.
"Tort liability law" also clearly points out that "in the event of an accident of a lent vehicle, if it cannot be proved that the owner is at fault for the occurrence of the damage, the owner will not bear the corresponding liability for compensation."
Does the insurance company pay for the car accident?
The insurance contract does not stipulate that the loan of vehicles is deductible. Whether to pay or not depends on the borrower. So you still have to read the deductible carefully. Note: if the borrower lends your car to another person, the insurance company will not compensate for the accident.
If someone really borrows your car, don't worry too much. Remember these three points clearly, so you don't have to be afraid.
If you don't want to borrow a car, how can you refuse?
It's always hard to refuse others, especially some familiar relatives and friends. Rejection is also an art. How can we politely refuse to borrow a car?
Strategy 1, stressed that only for the car to buy a strong insurance, other insurance did not buy all. In this way, prudent relatives and friends will never borrow your car again.
Strategy 2: take your car for maintenance or major repair.
Strategy 3: it directly means that the car has been lent to a relative to drive away, but it really can't move out of his wife, pretending to be "strict with his wife". The tone and expression should be in place, trying to arouse resonance and arouse others' sympathy.
Strategy four, often through the social network circle, the car and his wife are not allowed to borrow, to prevent in advance!
Strategy 5: equip your car with fingerprint anti-theft lock and GPS positioning anti-theft tracker. Your friends who want to borrow your car may be helpless.
Strategy six, the other party is really urgent, but also close friends, can act as a friend driver directly to pick up and avoid borrowing a car.
Finally, it is suggested that car owners should have multiple concerns in insurance claim settlement, and the annual inspection should be carried out in time when they use the vehicle in ordinary times; car owners should not entrust the assessment unilaterally, and the conclusion of the assessment unilaterally can not be recognized without informing the insurance company to be present after the occurrence of the insurance accident; at the same time, the awareness of evidence collection and preservation should be strengthened to facilitate claims settlement and rights protection in the future.