Hengyang Feng Yunkai Lawyer Reply: In the case of driving a truck to a private boss, the car is uninsured and needs to be repaired when it is hit, the following steps can be followed: Clarify accident responsibility 1. Determine the accident situation -First of all, it is necessary to clarify the specific circumstances of the crash, such as whether it is a unilateral accident (self hitting obstacles, etc.) or a bilateral or multi-party accident. If the accident is caused by two or more parties, the police shall report to the police in time, and the traffic police department shall go to the scene to investigate, and issue a letter of responsibility identification for the traffic accident to clarify the proportion of responsibility of each party. 2. Analysis of responsibility attribution -If an accident occurs during the execution of your work task, according to Article 1191 of the Civil Code of the People's Republic of China, if the staff of the employer causes damage to others due to the execution of the work task, the employer shall bear the tort liability. Here we drive for the private boss, who, as the employer, is generally responsible for the loss related to vehicle maintenance. However, if you have intentional or gross negligence in the occurrence of the accident, the boss can claim compensation from you after assuming the liability for compensation. Negotiate with the boss 1. Timely inform the boss -After an accident occurs, the boss should be informed of the accident as soon as possible, including the time, place, general process of the accident and the extent of vehicle damage. 2. Negotiate maintenance matters -Discuss vehicle maintenance issues with the boss, such as selecting a suitable repair shop. You can provide the boss with some suggestions on the repair shop. At the same time, the boss may also have a repair shop that he is familiar with. It is necessary to ensure that the maintenance factory has the corresponding qualification and good reputation to ensure the maintenance quality. 3. Specify the cost bearing -Negotiate with the boss on how to bear the vehicle maintenance costs. Under normal circumstances, because you are working for the boss in the process of the accident, the boss should bear the maintenance costs. However, if the boss thinks you are at fault, he may require you to bear some expenses. At this time, you should conduct reasonable communication and negotiation with the boss according to the determination of accident responsibility. If the negotiation fails to reach a solution 1. Collect evidence -If you can't negotiate with your boss, you need to collect relevant evidence to safeguard your rights and interests. The evidence includes the letter of responsibility determination for the traffic accident, photos of vehicle damage, the quotation of the maintenance factory, the chat record or call recording of your communication with the boss about the accident, etc. These evidences can prove the occurrence of the accident, the damage of the vehicle and the communication between you and the boss on this matter. 2. Apply for labor arbitration or file a lawsuit -If there is a labor relationship between you and the boss, you can apply to the labor dispute arbitration committee for arbitration, and ask the boss to bear the vehicle maintenance costs and other reasonable costs that may arise from the accident. If you are in an employment relationship, you can file a civil lawsuit to the people's court and ask the boss to bear the corresponding responsibility. In the process of arbitration or litigation, we should clearly state the facts and our claims based on the collected evidence. In a word, in this case, we should solve the problem of vehicle maintenance and cost bearing through legal and reasonable ways to safeguard our legitimate rights and interests.
