Do car owners need to take responsibility for traffic accidents caused by borrowers driving? Recently, the Intermediate people's court of Jieyang City, Guangdong Province, concluded a dispute over the insurer's subrogation right. Because the owner Wu failed to fulfill the corresponding review obligation, he lent the car to Luo, who did not have a motor vehicle driver's license. The court decided that the owner Wu should bear 30% of the compensation liability. In February 2020, when Luo drove all Wu's cars through an intersection in Jieyang City, he collided with Lin's car, and the vehicles of both sides were damaged to varying degrees. After the accident, Luo abandoned his car and escaped. The traffic police department found out that Luo did not obtain a motor vehicle driver's license, so they issued a road traffic accident recognition letter, confirming that Luo was fully responsible for the accident. Hou Lin submitted a subrogation claim to the insurance company that insured his vehicle. The insurance company determined the damage to the vehicle in accordance with the law, entrusted a after-sales company to carry out repairs, and compensated for the repair costs. Lin issued a motor vehicle claim transfer letter to the insurance company, agreeing to transfer the right to claim compensation for vehicle losses to the insurance company. In May 2021, the insurance company filed a lawsuit with the court requesting that Luo and Wu repay their insurance compensation and interest. After the court heard the case, it was found that the insurance company, as the insurer, had already paid the insurance compensation as agreed in the insurance contract signed with the insured, Mr. Lin. Therefore, the insurance company has the right to subrogate the insured's right to claim compensation from a third party, Mr. Luo, within the scope of the compensation amount. As the owner of the vehicle, Wu failed to fulfill his duty of proper management and prudence by handing over the vehicle to Luo, who did not obtain a motor vehicle driver's license. He was at fault and should bear corresponding compensation responsibilities. Considering that the main source of the accident in question was the driving behavior of motor vehicles, and that Luo abandoned his car and fled after the accident, Luo should bear the main responsibility in terms of division of responsibilities. Therefore, the court made the above judgment. (Zeng Shuyang, Li Jie) The judge reminded that cars, as a convenient means of transportation, are a priority choice for many people when traveling. In daily life, it is inevitable for people to borrow others' cars or lend their own cars to others for use. When car owners lend their vehicles to others for use, they must carefully review the vehicle's performance, driving qualifications, physical condition, etc. Otherwise, if a traffic accident causes damage, the vehicle owner must also bear corresponding compensation responsibilities. (New News Agency)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：People's Court Daily
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