After a man in Xinyang lent his car to his younger brother, he got a debt out of thin air ...

　　Zhang San and Zhang Si are brothers. Because they are close in age and have a good relationship, Zhang San, the elder brother, lent his car to Zhang Si, the younger brother. Unexpectedly, Zhang Si was "bold in art", and his younger brother took to the road only after buying commercial third-party liability insurance instead of compulsory insurance ...

　　Basic facts

　　At six o'clock in the morning, Zhang San, who was still sleeping at home, never imagined that a lawsuit would fall out of thin air.

　　It turned out that Zhang San had a car and lent it to his younger brother for a long time. When he bought insurance for the car, he was in trouble, so he asked his younger brother to buy it. But on this day, my younger brother Zhang Si called to tell him that he had a traffic accident. Zhang San thought it was no big deal, but as a result, his younger brother dropped a "bomb"-he didn't buy a traffic insurance yet. At this time, Zhang San was blindsided ...

　　Early this morning, Zhang Si was in a hurry to travel. Because of his luck, he knew that the vehicle had not bought the traffic insurance or went on the road. Unexpectedly, just after he reached the intersection, he collided with a two-wheeled electric car, causing Yunmou to be injured and the vehicle damaged. At the sight of hitting someone, Zhang Sicai panicked, quickly called his brother and contacted the insurance company to buy compulsory insurance, but it seemed too late at this time.

　　The accident was identified by the public security traffic police brigade, Zhang Si was mainly responsible for the accident, and Yun was responsible for the accident. And Yunmou's spleen was ruptured and removed due to an accident. Yunmou asked Zhang Si to compensate for various losses several times, but because the amount of compensation could not be agreed, he sued Zhang San, Zhang Si and the insurance company to Xixian County Court.

　　Trial process

　　After receiving the case, the official judge Fan Xin contacted the parties for consultation at the first time. However, due to the big gap between the parties' opinions, mediation could not be reached, and the case was heard in accordance with the law.

　　The court held that Zhang San, as the owner of the vehicle, should take out compulsory insurance for the vehicle, but he did not buy it and was at fault, so he should bear corresponding responsibilities within the limit of compulsory insurance liability; Zhang Si, as the infringer, said in the trial that he had contacted the insurance company before the accident and wanted to buy compulsory insurance. Our court presumed that he should have known that the accident vehicle had not bought compulsory insurance, but he still drove the vehicle and had an accident. Therefore, Zhang Si should bear the corresponding liability for compensation within the limit of compulsory insurance liability. According to the actual situation of the case, it is determined that Zhang Si will bear 50% of the liability for compensation within the limit of compulsory insurance, and Zhang San will bear 50% of the liability for compensation within the limit of compulsory insurance. The loss of Yunmou exceeds the compulsory insurance, and the insurance company of commercial three-party insurance shall bear 80% compensation liability according to the proportion of accident liability. Therefore, it was decided that Zhang Si compensated the plaintiff Yunmou for 99,000 yuan, Zhang San compensated the plaintiff Yunmou for 99,000 yuan, and the commercial three-party insurance company compensated Yunmou for more than 110,000 yuan.

　　Judge's statement

　　Compulsory traffic insurance, that is, compulsory liability insurance for motor vehicle traffic accidents, is a compulsory liability insurance in which insurance companies compensate the victims (excluding the vehicle personnel and the insured) for personal injuries and property losses caused by road traffic accidents of insured motor vehicles within the limits of liability, and it is also the first compulsory insurance system implemented by national laws in China.

　　If the owner is at fault for the damage after lending the car, he should also bear the corresponding liability for compensation. For example, knowing or should know that there is a defect in the vehicle, and this defect is one of the causes of traffic accidents; Knowing or should know that the driver has no driving qualification or has not obtained the corresponding driving qualification; Knowing or should know that the driver cannot drive a motor vehicle according to law because of drinking, taking psychotropic drugs or narcotic drugs under state control, or suffering from diseases that hinder the safe driving of motor vehicles; Other motor vehicle owners or managers should be found to be at fault.

　　In this case, Zhang Siming insisted on going on the road after knowing that the vehicle's compulsory insurance had expired. After an accident due to improper driving, he was bound to bear corresponding responsibilities. However, the car advocated that after lending the vehicle to Zhang Si, he ignored the insurance status of the vehicle and ignored the insurance obligations that the owner should perform. After the accident, he should also bear corresponding liability for compensation.

　　Source: Xinyang Court