Controlling the source of accidents caused by minors renting cars to eliminate hidden dangers
□ Our reporter Zhai Xiaogong
□ Correspondent Luo Fengling Ping Yingmei
In recent years, there have been frequent road traffic accidents caused by minors renting and driving motor vehicles.
These minors are under the legal age to apply for a driver’s license. Some rent cars through "acquaintances" and some use fake certificates. Car rental companies operate in black box to make money and indulge minors to drive on the road without a license, which can easily lead to danger The accident happened.
The Second Intermediate People's Court of Hainan Province has concluded a number of disputes over liability for motor vehicle accidents involving minors, involving several car rental companies in Danzhou who illegally rented cars for minors to drive, and traffic accidents of varying degrees have occurred.
These cases reflect the chaotic management of the car rental market and the existence of loopholes in supervision. Many car rental companies, as operators engaged in car rental, have not strictly fulfilled their inspection obligations, have some faults in the accident, and should bear corresponding legal liabilities.
At the same time, families, schools and society should strengthen road traffic safety education, pay attention to source control, effectively curb the behavior of minors renting and driving, and strictly prevent the repetition of tragedies caused by minors driving.
Teenager renting a car caused an accident
Compensation for tripartite fault
On September 13, 2019, 6 minors from Danzhou City rented a car together. Among them, 15-year-old Zhang found his acquaintance, Mr. Tan, the owner of A Car Rental Co., Ltd., and did not ask Zhang to provide a driver’s license and ID card. In this case, the company signed a car rental contract with Zhang and leased a car to Zhang for use.
After Zhang rented the car, he handed it over to 14-year-old Fu to drive.
At about 23:25 that day, when Fu took his other companions to turn left in the direction of Rocky via an 18-kilometer intersection on the Meiyang Line, he collided with Chen Mouwu who was driving a motorcycle, causing Chen Mouwu's death and different degrees of damage to the two vehicles. Road traffic accident.
After the accident, Zhang yelled to run, but Fu did not slow down and stopped, but drove away from the accident scene quickly.
At 3 o'clock the next day, Fu surrendered.
According to the traffic police department, Fu bears all responsibility for the accident.
The court of first instance held that the traffic accident in this case was directly caused by Fu’s traffic violations, and he drove away after the accident. The traffic police department was found to bear full responsibility for the accident, and Fu should be liable for compensation for the victims’ family members.
At the same time, Leasing Company A did not examine the identity and driving qualifications of the renter and the driver, and rented the car to minors without driving qualifications. Zhang knew that he was a minor and did not have driving qualifications, but in his own name After signing a car rental contract, it was agreed that a minor, Fu Mou, who was not qualified to drive, would drive the vehicle, which eventually led to a traffic accident.
It was also found that Zhang’s parents paid 12,000 yuan after the accident, and Fu’s parents and A Leasing Company paid 24,000 yuan each.
Chen's family member Li Mourong and other seven people suffered a total of more than 1.24 million yuan in various losses caused by the accident.
Accordingly, the court of first instance determined that Fu should bear 60% of the liability, and A Leasing Company and Zhang would each bear 20% of the liability.
Because Fu Mou drove without a license and escaped from a hit-and-run accident, the three commercial insurances were exempted, and the insurance company was only liable for compensation of 110,000 yuan within the limit of liability for compulsory traffic insurance.
Because Fu and Zhang were both minors at the time of the accident, Fu’s parents will continue to bear 60% of the compensation liability for more than 650,000 yuan, and Zhang’s parents will bear 20% of the insufficiency after the compensation. The total liability for compensation is more than 210,000 yuan, and 20% of the liability for compensation shall be borne by A Leasing Company for a total of more than 200,000 yuan.
After Fu and his parents, Zhang and his parents, and A Leasing Company appealed, the Hainan Second Intermediate People's Court held that the facts of the first-instance judgment were clear and the applicable law was correct, and should be upheld. The appeal was rejected and the original judgment was upheld.
The law enforcement officer stated that the citizen’s right to life is protected by the law, and whoever infringes on the citizen’s lawful rights and interests due to fault shall bear the tort liability.
In this case, Leasing Company A failed to perform strict review obligations, and the minor Zhang knew he did not have the driving qualifications and still rented the car. The unlicensed driving of Fu, who was also a minor, directly led to the accident. Leasing Company A, Zhang and Fu The actions of the three are clearly at fault and should bear corresponding responsibilities.
Driving without a license to rent a car illegally
70% of the blame for the two bruises
On February 20, 2019, Danzhou B Car Rental Co., Ltd. rented a car to Xue without reviewing the 17-year-old Xue’s ID card and driving license after collecting the rental fee.
At about 8:29 the next day, Xue drove the car without a license. Because he did not maintain a safe distance, he collided with a two-wheel electric vehicle driven by Liang, causing Liang and his 64-year-old He to be injured, and the two cars were different. Road traffic accidents with severe damage.
After the accident, He was hospitalized, medical expenses and other losses totaled 76,200 yuan, of which Xue paid 4,285.59 yuan for medical expenses.
The traffic police department determined that Xue should be fully responsible for the accident, and Liang and the passenger He was not responsible.
The court of first instance held that the traffic accident in this case was caused by Xue's traffic violation, and he should bear full responsibility for the traffic accident.
As the actual manager of the car, Leasing Company B rented the car without reviewing Xue's driving qualifications. It was obviously at fault. According to the law, Xue should share Xue's responsibilities appropriately within the scope of Xue's responsibility.
Accordingly, the court decided that Xue should bear 70% of the liability, and Leasing Company B should bear 30% of the liability.
He Mou’s loss was first assumed by the insurance company for more than 20,700 yuan within the compulsory traffic insurance liability limit, and Xue was responsible for 70% of the shortfall, totaling more than 34,500 yuan, and Leasing Company B assumed 30% of the liability, totaling more than 16,600 yuan. .
After Xue's appeal, the second instance of the Hainan Second Intermediate People's Court held that the facts of the first-instance judgment were clear and the applicable law was correct, and should be upheld. The appeal was rejected and the original judgment was upheld.
The law enforcement officer stated that operators engaged in vehicle leasing have a specific business obligation to strictly review the lessee’s driving qualifications and identity documents.
In this case, Xue drove without a license, and B leased the motor vehicle to Xue who was not qualified to drive in violation of regulations, and both parties should jointly bear the liability for road traffic damages.
Hit-and-run with false license renting a car
Car rental company responsible for oversight
At about 16:00 on November 27, 2017, 16-year-old Xu, holding a forged ID card and driver's license, went to a self-driving car rental center in Danzhou to rent a car.
At about 1:46 the next day, Xu drove the car along Zhongxing Street towards the Rongxing turntable, and met 40-year-old Wang's family driving an electric motorcycle carrying Huang Mouying through this section of the road.
Because Wang’s family was driving in the opposite direction, the motorcycle he was driving collided with Xu’s car, causing Wang’s and Huang’s injuries, and a road traffic accident where the two vehicles were damaged to varying degrees.
After the accident, Xu abandoned the car and left the scene of the accident.
The traffic police department determined that Xu drove without a license and left the scene of the accident after a traffic accident. Wang’s family did not have a driver’s license and did not wear a safety helmet to drive unqualified vehicles in reverse direction. Xu and Wang’s family should bear the same responsibility for the accident. .
The accident caused a total of more than 230,000 yuan in Wang's medical expenses and other various losses, and Xu paid 6,000 yuan in advance to Wang's medical expenses.
Because Xu rented a car with a false license and escaped after hitting the accident, the three commercial insurances are exempt from liability.
The court of first instance held that Xu and Wang’s family were equally responsible for the accident, and each was responsible for 50% of the Wang’s losses.
Xu refused to accept the judgment of the first instance, and appealed that the leasing center had not fulfilled its duty of careful review and was obviously at fault and should bear the fault tort liability in this case.
After the trial, the Hainan Second Intermediate People's Court found that the leasing center only conducted formal inspections of the documents submitted when renting the vehicles involved in the case to Xu. Xu had a certain fault in driving without a license.
However, Xu falsified his certificate, concealed his lack of driving qualifications by deception, defrauded the lessor to sign a lease contract, and drove on the road without authorization. Subjective faults were more serious and he should bear the main responsibility of driving without a license.
Accordingly, the court determined that the leasing center should bear 10% of Xu's compensation liability for this accident.
The final judgment of the Hainan Second Intermediate People's Court upheld the first-instance judgment. The insurance company only compensated Wang’s family for various losses of more than 89,600 yuan within the compulsory traffic insurance liability limit; Xu was revised to compensate Wang’s family for more than 58,600 yuan, which was paid from his own property. After paying for the expenses, his parents will compensate for the shortfall; the rental center compensates Wang's family for 7,184.68 yuan.
The acceptance officer stated that Xu knew that he was not qualified to drive, concealed his identity and drove on the road without authorization. He was laissez-faire about the occurrence of danger, and fled in panic after the accident, and did not help the injured. The consequences were serious and the guardian should strengthen supervision. educate.
At the same time, for the safety of others and the public, car rental companies are strictly prohibited from renting vehicles to minors and other persons who do not meet the rental conditions. They should strengthen the review of the driving qualifications of the vehicle lessee, and shall not provide rental services for those who are unidentified or who refuse to check their identity. To prevent and reduce the occurrence of traffic accidents.
Relevant provisions of the Civil Code
Article 1188: Where a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability.
If the guardian fulfills his duty of guardianship, his tort liability can be mitigated.
Article 1209: When the owner, manager and user of a motor vehicle are not the same person due to circumstances such as leasing, borrowing, etc., if a traffic accident causes damage, the motor vehicle user shall be liable for damages. Liability: If the owner or manager of the motor vehicle is at fault for the damage, it shall bear the corresponding compensation liability.
Relevant regulations of the Road Traffic Safety Law
Article 19 To drive a motor vehicle, one shall obtain a motor vehicle driving license in accordance with the law.
Article 76 Where a motor vehicle traffic accident causes personal injury or death, or property damage, the insurance company shall compensate within the limit of liability for compulsory third party liability insurance for motor vehicles.
Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ: (1) Failure to obtain a motor vehicle driving license, revoking the motor vehicle driving license, or motor vehicle driving license Driving a motor vehicle during the period of temporary detention; (2) handing over the motor vehicle to a person who has not obtained a motor vehicle driving license or whose motor vehicle driving license has been revoked or temporarily detained for driving.
Lao Hu Comments
Traffic accidents are fierce than tigers, and road safety is as important as a mountain.
At present, the problem of minors who are not qualified to drive without a license has become an important reason for frequent road traffic accidents in some places.
From the cases in this issue, we can see that some car rental companies have not strictly reviewed and checked during the operation process, which has played a role in promoting the driving of minors without a license.
Some car rental companies even deliberately abandon their duties of review and check in order to earn rent and gain benefits. They also let minors who knowingly do not have the driving qualifications let them go, laying down major hidden dangers of road traffic accidents.
Therefore, we should first further strengthen minors' awareness of road safety and traffic rules, and promote the introduction of traffic safety laws and regulations into the classroom and teaching materials, so that the awareness of safety and law-abiding is rooted in their minds from an early age.
Secondly, it is necessary to further strengthen supervision and management of the car rental market, check loopholes, improve the system, severely penalize illegal car rental companies, and resolutely eliminate their fluke psychology of illegal profits.
Hu Yong