Who should be responsible for compensation if the driver identified the wrong car and caused others to be injured? Recently, the People's Court of Sanshui District, Foshan City, Guangdong Province, concluded a case of body rights dispute, and ruled that Wang, the driver, should compensate the injured owner, Ms. Deng, for medical expenses and nursing expenses, totaling more than 60000 yuan. At 2:00 a.m. on December 25, 2020, Mr. Wang came to the gate of a bar to drive on behalf of him. Because he recognized the wrong car, he opened the back compartment of Ms. Deng's car. Ms. Deng came forward to stop and had a dispute with Mr. Wang, and was later pushed to the ground, resulting in fibula fracture. Ms. Deng then filed a lawsuit to the court and asked the driving platform service department and Mr. Wang to compensate for her medical and nursing expenses. After hearing, the Sanshui District Court held that citizens' physical rights were protected by law. Wang opened the rear compartment of Ms. Deng's car by mistake, and his own gross negligence. After Ms. Deng found out, it was self-help to stop Mr. Wang's behavior. During the dispute between the two parties, Mr. Wang injured Ms. Deng and was fully responsible for the incident. Secondly, according to the agency driving cooperation agreement signed by Wang and the agency driving platform service department and the relevant provisions of the agency driving service platform, the service department only provides the agency driving service information for the driver and draws a commission after the driver completes the agency driving order, essentially providing a service similar to that of an information intermediary. The valet driver accepts the order with his own vehicle and can choose whether to accept the order or not, which is not subject to the control, management and instruction of the valet platform service department. There is no relationship between management and management between the two parties. Therefore, Wang's behavior belongs to personal behavior. Ms. Deng claimed that the Valet Platform Service Department should bear joint liability for Wang's infringement and should not support it. According to relevant laws and regulations, the court made the above judgment in combination with Ms. Deng's injury, hospital days and other medical conditions. (Xinhua News Agency)
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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