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When will the owner bear joint liability

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When will the owner bear joint liability


        

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  • 2024-06-19 06:00:00

    1. When renting or borrowing a vehicle for a fee for highly dangerous operations, the owner has the obligation to repair and maintain the vehicle to ensure that the vehicle is in good running condition, and carefully reviews the lessee to ensure that the vehicle is delivered for use by drivers. Although the owner lost control of the vehicle, he voluntarily gave it up for the purpose of obtaining operational economic benefits. Therefore, regardless of whether the owner is at fault in lending, he enjoys "operational benefits" and should bear joint and several liability with the lessee.
    2. In the case of affiliation, the affiliated person appears in the name of the affiliated person. The affiliated person has the obligation to prudently supervise the management and use of vehicles by the affiliated person, pay compulsory liability insurance for motor vehicles and relevant commercial third-party insurance, and enjoy "operating interests" in the operation of motor vehicles. In order to protect the interests of unspecified third parties, The affiliated person shall bear joint and several liability for compensation with the affiliated person, and the affiliated person may claim compensation from the affiliated person after assuming the liability for compensation.
    3. If the driver is driving without authorization, he/she will not be liable for compensation if he/she is not negligent in management; If the vehicle owner neglects to manage his own dangerous goods, which makes it convenient for others to use them without authorization, resulting in a traffic accident, the vehicle owner shall bear joint and several liability with the unauthorized user.
    Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases, if the owner or manager of a motor vehicle suffers damage due to a traffic accident and has one of the following circumstances, the people's court shall determine that he is at fault for causing the damage, The provisions of Article 49 of the Tort Liability Law shall be applied to determine its corresponding liability for compensation:
    (1) Know or should know that the motor vehicle has a defect, which is one of the causes of the traffic accident;
    (2) Know or should know that the driver has no driving qualification or has not obtained corresponding driving qualification;
    (3) Know or should know that the driver is unable to drive a motor vehicle according to law due to drinking, taking state controlled psychotropic substances or narcotic drugs, or suffering from diseases that hinder safe driving of motor vehicles;
    (4) Other cases where the owner or manager of the motor vehicle should be found to be at fault.

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    2024-06-19 06:00:00

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