They all say that borrowing money is a test of friendship. Talking about money hurts feelings. However, borrowing a car may test friendship more than borrowing money. In most cases, borrowing a car is a good thing to earn favors; but if an accident occurs after borrowing a car, the friendly boat may overturn as soon as it is said to be overturned. Especially when I think of borrowing the car, what should I do if my friend smashes the Ferrari? Should I borrow this car?
Lend a car to a friend, and the insurance company will compensate
In July 2018, Mr. Luo, who lives in Chongqing, lent the car to his friend Xiao Qin. But who knows that on the afternoon of borrowing the car, Mr. Luo received a call from Xiao Qin. Due to Xiao Qin's ineffective control, his car rolled over at the Fengdu West Crossing of Shanghai-Chongqing Expressway and the vehicle was seriously damaged. After the accident, Xiao Qin always apologized to Mr. Luo and was willing to take corresponding responsibilities.
Since Xiao Qin promised compensation, Mr. Luo didn't think much about it at the time, so he asked a towing company to drag the accident car back to the main city for repairs. The repair cost was as high as 53,000 yuan. Mr. Luo doesn't have a lot of money, and he can't get so much money in one go. To this end, Mr. Luo approached Xiao Qin, hoping that the other party could advance the payment. But Xiao Qin replied in WeChat and couldn't get so much money at once.
Since no one paid the repair fee in advance, Mr. Luo's car could only be placed in the repair shop. After entering August, Mr. Luo found that Xiao Qin had blocked his WeChat account and lost contact.
This is a very unpleasant experience of borrowing a car, but if the insurance company can compensate for the loss of the accident, it would be a good thing for Mr. Luo. Not only is there no big loss, but he also recognizes the "true face" of a so-called friend.
So, if an accident occurs after the vehicle is loaned out, will the insurance company compensate?
Under normal circumstances, the insured is the owner of the car, who lends the car to a friend to drive, and the "friend" can be regarded as an "allowed driver". In other words, whether the car owner drives the car by himself or lends it to others, there will be no big difference in the process of claiming an accident. The deductibles for the insured also apply to "permitted drivers".
Therefore, in the case of Mr. Luo in Chongqing, as long as Xiaoqin does not exist in the deductible clauses stipulated in the insurance contract, such as drunk driving, driving without a license, etc., Mr. Luo's car loss can be compensated by the insurance company. . But the prerequisite is that Mr. Luo has purchased relevant insurance and has excluding deductible insurance, so that he can get full compensation.
But it should be noted that buying a car with a loan will cause the insurance beneficiary to be not the owner of the car.
The borrower’s fault caused the accident, and the owner may be held responsible
The above is the compensation paid by the insurance company. If the "permitted driver" is deductible by the insurance company, how should the liability be shared after an accident?
Earlier, after Mr. Chen from Xingyi City, Qianxinan Prefecture, Guizhou lent his car to his friend Song, the vehicle also had an accident, and Song also took Mr. Chen to court.
The cause of the incident was that that night, Song Mou drank and drove the car lent him by Mr. Chen on the road with a fluke. As a result, Song accidentally ran into Liu who was walking on the sidewalk when he was crossing the road, and caused a grade ten disability. The traffic police department confirmed that Song will bear full responsibility for the accident due to drunk driving.
Faced with economic compensation of more than 200,000 yuan, Song took Mr. Chen, who lent him a car, to court, demanding joint responsibility.
In the end, Mr. Chen proved that Song did not drink alcohol when borrowing the car and possessed full capacity for civil conduct. In fact, this was a sale and purchase. Song planned to buy the car from Mr. Chen, but both parties had not yet completed the transfer procedures. Thinking that they were all friends, Mr. Chen gave the car to Song in advance. In the end, the court rejected Song's claim, and one of them should bear the liability for compensation.
Before the "Tort Liability Law" was promulgated, the court generally ruled that the vehicle user (borrower) and the vehicle owner should bear joint and several liability for compensation. If the vehicle user (borrower) is weak in compensation, the victim often asks the owner to bear the compensation liability. For car owners, this is undoubtedly a disaster.
After the "Tort Liability Law" was promulgated, Article 49 stipulated: "If the owner and the user of a motor vehicle are not the same person due to circumstances such as leasing, borrowing, etc., the insurance company shall be responsible for the motor vehicle after a traffic accident. Compensation shall be made within the limit of liability for compulsory motor vehicle insurance. The user of the motor vehicle shall be liable for the insufficiency; if the owner of the motor vehicle is at fault for the damage, he shall be liable for the corresponding compensation."
In addition, the Tort Liability Law also stipulates that if the parties have transferred and delivered a motor vehicle by means of sale or purchase, but have not gone through the ownership transfer registration, and the liability of the motor vehicle is caused after a traffic accident, the insurance company shall impose a limit on the liability of the motor vehicle. Compensation within the scope. For the shortcomings, the assignee, who is planning to buy the car (in the above case, Song, who is driving under the influence of alcohol), shall bear the liability for compensation.
However, if the car owner is at fault in the process of borrowing the car, he shall be liable for compensation together. What needs to be clear here is what are the circumstances in which the owner of the motor vehicle is at fault. Specifically, it includes the following:
1. Borrowing a car knowingly without a driver's license;
2. Borrowing a car while knowingly drinking, drunk or taking drugs;
3. Borrowing a car knowing that the car is not insured;
4. Borrowing a car knowing that the vehicle is not suitable for driving without the annual inspection;
5. Borrowing a car knowing that it is a scrapped car;
6. Others.
Generally speaking, there are two types of situations. One is the situation where the owner knows that the person borrowing the car is not suitable for driving, and the other is the situation where the car owner knows that the vehicle has problems. Take the corresponding responsibilities. So, borrowing a car may seem like a simple matter, but it actually involves a lot of things. Especially when you know that a friend who borrows a car is not suitable for driving, don't become passive because of your anger.
How to stipulate the insurance clauses in commercial rental cars?
Car rental is similar but different from borrowing a car. Both car rental and car rental accidents are inconsistencies between the user and the owner of the motor vehicle. The same applies to the content of Article 49 of the Tort Liability Law.
For example, the insurance liability clause of a car rental in a certain state stipulates that in terms of vehicle losses, the lessee shall bear 1,500 yuan for the loss of the vehicle itself due to natural disasters (except earthquakes), accidents, and other insurance accidents, and the insurance company and rental company shall pay the rest The compensation part of more than 1,500 yuan is included in the "basic service fee"; due to natural disasters (except earthquakes), accidents, and other insurance accidents caused by vehicle scrapping, the lessee needs to bear 20% of the loss, and the remaining 80% % Is borne by insurance companies and rental companies.
In addition, the lessee also has to bear 20% of the losses caused by the theft, robbery or snatching of the entire vehicle, and the lessee does not need to bear the losses for the others. The insurance liability clause of a certain car rental is basically the same as that of a certain state.
XX Rent-A-Car also has an absolute deductible of 1,500 yuan. If the accident loss is less than 1,500 yuan, the lessee can handle it by itself without paying for the suspension loss. However, if the accident cannot be compensated due to the user's failure to notify the rental car in time or other reasons not attributable to the rental car, the user shall bear all the losses of the accident.
In fact, for a car of more than 100,000 yuan, the annual car damage insurance premium is generally between 1,500-2,000 yuan, and the 1,500 yuan borne by the lessee each time the insurance occurs can almost cover all the car damage insurance.
Written at the end:Borrowing a car is almost the same as borrowing money, and both must be reliable people. In many cases, in the face of unreliable friends who borrow a car, you need to find many reasons to pass. When renting a car, it is also necessary to clarify some of the "hidden dangers" of rights and interests, such as the risk of the rented vehicle and whether it is an operating vehicle. Otherwise, once you encounter problems, you will lose more than you gain.
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