Driving in four cases, compensation is handled differently:

1, unpaid driving: according to the helper relationship

Unpaid driving usually occurs between friends and relatives, in this case, the driver and the owner of the car is a kind of unpaid helper relationship.

"The Supreme People's Court on the trial of personal injury compensation cases on a number of issues of the interpretation of" Article 13 provides: "for others to provide labor services without compensation to help workers, in the help of the activities of the people caused by the damage, the workers should be compensated for the responsibility of the helpers. If the helped worker explicitly refuses to help, he shall not be liable for compensation.

Help workers have intentional or gross negligence, the right to compensation, the people's court shall support the request for helpers and workers to bear joint and several liability," so the general situation by the vehicle owner is responsible for, but when the contemporary driver of the existence of intentional or gross negligence, will also bear joint and several liability.

2, hire someone to drive: according to the employment relationship

The owner of the car temporarily paid to hire someone to drive, the formation of the employment relationship between the two sides. If a traffic accident occurs, in addition to the type of insurance according to the owner of the car insured by the insurer to assume responsibility for the insurance, more than part of the general by the owner of the car responsible for. However, if the chauffeur is intentionally or grossly negligent to cause damage, should be jointly and severally liable for compensation.

3, the company driving: according to the entrusted contract

The owner of the car and the company signed a written contract for driving services, the two sides are entrusted with the contractual relationship. If a traffic accident occurs, the first by the insurer to assume responsibility for insurance, insurance is not enough to compensate for the liability borne by the chauffeur company.

4, the hotel chauffeur: according to the consumer contract

Some hotels will specialize in providing free chauffeur service for customers after drinking, belonging to the extension of food and beverage consumption, is a continuation of the consumer behavior, is the consumer and the hotel is part of the consumer service contract.

If the hotel provides a chauffeur driven traffic accidents, indicating that the hotel did not do their obligation to send customers to the destination safely, a violation of the service contract agreement. If the vehicle involved in the accident is uninsured or underinsured, the hotel should be held liable.

Extended information:

Case

Driving accident claims difficult Court ruled that the chauffeur company is responsible

The evening of March 9, 2013, in the Beijing Municipal Fangshan District of a hotel dinner of Zhao Mou through the official telephone contact chauffeur service. The company sent the information about the chauffeur service to Chen Mou, the chauffeur driver, after receiving the information. After receiving the information, Chen Mou immediately rushed to the hotel, and Zhao Mou signed the confirmation of the chauffeur service after driving Zhao Mou's minibus to leave the hotel.

That night, Chen drove the car to the Zhengtong Road intersection, due to the right side of the vehicle first, accidentally driving a battery car driving to the Panmou hit and injured. The traffic police department determined that Chen Mou is fully responsible for the accident, Pan Mou is not responsible. And then, Pan Mou will Zhao Mou, Chen Mou and chauffeur-driven company, the insurance company to the court.

Fangshan District Court after hearing that the motor vehicle traffic accidents caused personal injury, property damage, should be covered by the insurance company in the liability limits to be compensated; insufficient, based on the establishment of a clear tort liability and the scope of the insurance company by the insurance company according to the insurance contract to be compensated; still insufficient, in accordance with the road safety law and tort liability law, the relevant provisions by the insurance company to be compensated by the road safety law. In the event that there is still a shortfall, the infringer will be compensated in accordance with the Road Traffic Safety Law and the relevant provisions of the Tort Liability Law.

The traffic accident occurred between the motor vehicle and non-motorized vehicles, and by the relevant departments, the defendant Chen is fully responsible for the accident, the plaintiff is not responsible.

Therefore, the plaintiff's reasonable economic loss, confirmed by the defendant insurance company in turn in the compulsory liability insurance and commercial insurance compensation; Beyond the insurance coverage, after determining the subject of liability, by the compensation of the person responsible for compensation. The case between the defendant ChenMou and the chauffeur company belongs to the employment relationship, the crime occurred when ChenMou in the course of duty, belongs to the duty behavior.

According to the relevant provisions of the law, the employee in the employment activities caused damage, the employer shall bear the liability, so the plaintiff's loss beyond the insurance claims, should be based on the driving company, the company should bear the duty relationship.

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