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, for traffic accidents caused by the driver's unintentional or gross negligence, insurance will pay first, and the insufficient part will be borne by the owner or the driver's master. For details, please see the following rules on how to claim for traffic accidents on behalf of drivers.
Who is responsible for the traffic accident on behalf of the driver?
1, paid driving, driver exempted.
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, impermanence on behalf of drivers, according to the helper relationship.
This kind of accident of helping people drive for free mostly happens between relatives and friends, which belongs to the relationship of helping workers for free. 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. If someone is hired to drive, it shall be handled 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.
4. The agency of the company shall 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. The hotel will drive the car on behalf of the driver and handle it 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.