As a city on wheels , Beijingers live without a car. In addition to car accidents happen on the road , there are some unusual and non-mainstream car -related accidents. Haidian court judge noted that to learn to drive , test, carpooling , car rental process, once the accident occurred, to learn how to correctly use the law to protect themselves and safeguard the rights . During the acceptance of the motor vehicle driver training, traffic accidents cause damage if , vehicles belonging to the party of responsibility training , participants although the driver of the vehicle, but in the case of the presence of coaches , students do not have the actual dominance of the vehicle , but also is not entitled to run interests of the vehicle. In other words, because of their training institutions operating , safety supervision and required to fulfill security obligations during vehicle training. Therefore, if the victim requests accident driving training institutions liable , the court should be supported. Driving training activities , training institutions should ensure compliance with national coach car motor vehicle operation safety standards to ensure coaches vice brake system has good performance ; ensure coaches have the appropriate qualification for ; Meanwhile , in strict accordance with the established driving route, speed, conductor trainee driving driving way to minimize insecurity.
Traffic accidents caused during the test ride to test ride people harm , Wang Xiao judge held that , according to our law , test service providers who request test ride car dealers that bear the liability , the court should be supported. However, if the person at fault test ride in the test ride the course , such as the presence of disrupting normal driving misconduct , the liability shall be reduced accordingly 's test ride service . Test ride alert service providers to ensure the safety performance test ride vehicle in order to avoid defects in the vehicle itself , causing damage during a traffic accident occurred in the test ride . Also, try to ensure that the crew has a good driving skills , enough to fulfill the duty of care , thereby reducing the likelihood of accidents . Meanwhile , test the process in a test ride try to obey the command of the crew , to comply with traffic laws, not because of their own behavior disrupting normal driving , or if the accident will likely bear the corresponding liability. "Tort Liability Act " stipulates that due to leasing , borrowing and other circumstances, the vehicle owner and the person is not the same person using the accident occurred , the vehicle owner has a fault occurrence of damage , and bear the corresponding liability. Wang Xiao judge held that , in the leasing of vehicles in a traffic accident , generally bear the corresponding liability assumed responsibility for the accident by the actual driver of the vehicle , but if the owner of the vehicle provided the vehicle at fault , who knows or should have known defective vehicles ( as in the present case ) , the driver without a driving license , the driver is not drinking or have other situations , such as driving a motor vehicle , you should bear the corresponding liability. Kero Throttle Valve recommended that, as a party rental , car rental company or person should make other rental vehicles to choose carefully obligation , the lessee of the vehicle driving qualifications rigorous audit ; should do to ensure vehicle safety performance obligations to provide the national motor vehicle safety standard operation ; should legally insured to pay high insurance for the rental vehicle , and select higher limits of liability insurance business three insurance . As a tenant party should do to be cautious , safe driving duty , breach of this obligation if the accident occurred , a victim's need for compensation for the loss , moreover it may breach the agreement, should bear the responsibility for the vehicle lessor . Carpool traffic accident, is still applicable , " Tort Liability Act" and General Provisions " Traffic Safety Law" liable for the accident by a person with a fault . Case , the final judgment of the court also ruled out the no-fault liability carpool owners . Based on " fault principle " , if the carpool vehicle traffic accidents resulting in personal injury and carpool parties bear some responsibility for the accident , should be borne by the person driving time of the incident . To avoid disputes, Kero Throttle Valve suggested the two sides involved in a carpool carpooling by signing a written agreement, specifying the respective rights and obligations . However, the main responsibility and liability approach stipulated in the agreement is binding only on agreement between the parties , and not as a defense against a third person . Once the accident occurred , should follow the relevant provisions of the "Tort Liability Act" , compensation for accident victims , but the two sides agreed to a post- recovery basis. |