According to the provisions of Article 49 of the Tort Liability Law, if the owner and user of a motor vehicle are not the same person due to leasing or borrowing, and the motor vehicle is the responsibility of one party after a traffic accident, the insurance company shall make compensation within the limit of motor vehicle compulsory insurance liability. The shortage shall be borne by the motor vehicle users; If the owner of a motor vehicle is at fault for the damage, he shall bear the corresponding liability for compensation.

2, impermanent driving-according to the helper relationship.

This kind of situation mostly happens between relatives and friends, which belongs to the relationship of free help. Under normal circumstances, the owner is responsible for the accident on behalf of the driver. Of course, the driver should also bear joint and several liability for intentional or gross negligence accidents.

According to Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, if a helper who provides obligations for others without compensation causes damage to others, the helper shall be liable for compensation. If the helped laborer explicitly refuses to help, he shall not be liable for compensation. If the rescuer is intentionally or grossly negligent, the people's court shall support the obligee's request that the worker and the rescued worker bear joint liability.

3. Hire someone to drive-according to the employment relationship.

When the owner pays a mediocre person to drive, an employment relationship is formed. Therefore, if the driver cleans the car on his behalf, the insurance shall bear the insurance liability according to the types of insurance insured by the owner, and the excess shall be borne by the owner. Of course, if someone intentionally or negligently caused the injury, they will be jointly and severally liable for compensation.

The company acts on behalf of the driver-it should be handled according to the entrustment relationship.

Generally, a written driving service contract will be signed with the driving company before driving to form a contractual relationship. If the driver cuts the customer's car, the insurance company will bear the insurance responsibility first, and the driver company will compensate for the insufficient insurance.

5. Hotel driving-according to the consumption contract.

This kind of car driver service for customers is an extension of the catering industry and a continuation of consumer behavior. Therefore, it is not difficult to find out from many cases of car scraping on behalf of customers that the hotel failed to fulfill its obligation to deliver customers safely to their destinations, violated the contract and should bear the part of insufficient insurance compensation. If the driver crashes, he can appeal to the court.

6. Agency and driver-according to the employment relationship.

Driving and training companies consider selection, management, weak personal attachment and failure to apply for social insurance to form employment relations. According to Article 9 of the Judicial Interpretation of Personal Injury Compensation, if a worker causes injury in employment activities, the employer shall be liable for compensation; Laborers who intentionally or through gross negligence cause damage to others shall be jointly and severally liable with the employing unit. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer.

How to deal with an accident on behalf of the driver?

The most correct way is to call the police first, turn on the danger warning light, set up a safety warning sign at the rear of the vehicle 150-200m, take photos, keep the scene and evacuate to a safe place, and notify the insurance company to investigate and claim compensation. Under normal circumstances, if a traffic accident is caused by the driver's unintentional or gross negligence, the insurance will compensate first, and the insufficient part will be borne by the owner or the driver's master. If the driver has intentional or gross negligence, he shall bear joint and several liability.

If the driver crashes without compensation, he can report it to the public security department. If there are no traffic violations and accidents, the violation record will be left on the illegal vehicle, and the owner himself will be the last to lose. If the driver of the driver's company takes a taxi, it will generally be insured with driver liability insurance. At this time, there is no need to use consumer compulsory insurance and commercial auto insurance, and it is directly paid by driver liability insurance.