First, what should I do if I scrape the car on my behalf?
1. According to the relevant laws and regulations of our country, if a traffic accident occurs on behalf of a motor vehicle, it is generally compensated by the insurance company. But if the driver is obviously at fault, the driver must bear certain responsibilities.
2. Legal provisions: Civil Code of People's Republic of China (PRC).
Article 1209 Tort liability when the owner, manager and user of a motor vehicle are inconsistent. If the owner, manager and user of the motor vehicle are not the same person due to leasing or borrowing, and a traffic accident causes damage, the motor vehicle user shall be liable for compensation. If the owner or manager of a motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation.
Second, several ways to deal with driving accidents
1, free driving: according to the helper relationship.
Free driving usually happens between relatives and friends. In this case, the driver and the owner are a kind of unpaid helper relationship. Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates: "A helper who provides services to others without compensation shall be liable for compensation if he causes damage to others in his helper activities. If the helped laborer explicitly refuses to help, he shall not be liable for compensation. If there is intentional or gross negligence in rescuing workers, the people's court will support the obligee to claim that the rescued workers and the rescued workers shall bear joint liability. Therefore, the owner is generally responsible, but contemporary drivers will also bear joint and several liability in the case of intentional or gross negligence.
2. Hire someone to drive: according to the employment relationship.
The owner temporarily spends money to hire someone to drive, and the two sides form an employment relationship. In the event of a traffic accident, in addition to the insurer's insurance liability according to the types of insurance insured by the owner, the owner is generally responsible for the excess. However, if the driver intentionally or negligently causes damage to others, he shall be jointly and severally liable for compensation.
3. Agency: According to the entrustment contract.
The owner signed a written contract with the driving company in advance, and the two parties are entrusted with the contractual relationship. In the event of a traffic accident, the insurer shall bear the insurance liability first. If the insurance is insufficient for compensation, the driving company shall be liable for compensation.
4. Hotel driving: According to the consumption contract.
Some hotels will provide customers with free driving service after drinking, which is an extension of catering consumption, a continuation of consumption behavior and an integral part of the consumer service contract between consumers and hotels. If the driver provided by the hotel has a traffic accident, it means that the hotel has not fulfilled its obligation to safely send customers to their destination and violated the service contract. If the accident vehicle has no insurance or insufficient insurance, the hotel shall be liable for compensation.
The above knowledge is my answer to relevant legal questions. According to the relevant laws and regulations of our country, if there is a traffic accident on behalf of a motor vehicle, it is generally compensated by the insurance company. However, if the driver has obvious faults, the driver should bear certain responsibilities.