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However, Hu just bought a motorcycle only one month, and master Wu driving a human tricycle collision. Master Wu multiple injuries, fractures, constitute a nine and four ten disability, costing medical expenses yuan. Hu mou and Wu master of the vehicle are also damaged.
Because the compensation problem can not be resolved, the tricycle master Wu will motorcycle driver Hu, the original owner of Wang, Qu together to the court, requesting compensation for medical expenses, hospital meal allowance, disability compensation, mental comfort, transportation and other losses totaling yuan. Guest: Su Ning, partner and executive director of Beijing Qianxin Law FirmChina Law Yearbook 2020 Outstanding Lawyers in Tort Liability Law
Fang Hong: What is the usual situation in which the original owner of a vehicle is responsible for the vehicle after it is sold?
Su Ning lawyer: Traffic accidents belong to the tort liability, tort liability mainly consider the so-called infringer in the law is not at fault, if there is fault, according to the degree of fault to bear the corresponding liability.
Similarly, if the vehicle is sold after the occurrence of accidents or other legal events, first of all, we need to look at the original owner of the matter itself whether there is fault, if there is fault, we have to bear the corresponding responsibility.For example, the original owner of the car in the process of delivery, in the knowledge that the vehicle is delivered to a person who does not have the qualifications of driving or although there is a qualification of driving, but in the delivery of the vehicle, the person belongs to the state of drunken driving.
If you deliver the vehicle to such a person, it means that there is a high probability that he or she will be involved in an accident while driving the vehicle. In this case, if the original owner of the vehicle knew that the buyer was not fit to drive the vehicle and still delivered it, the original owner of the vehicle will be held liable.
There is another situation, the vehicle on the road at least to pay the compulsory insurance. The original owner of the vehicle, if the compulsory insurance is not insured, the vehicle is delivered to other third parties on the road, the owner may also bear the corresponding legal responsibility. In short, the original owner of the car is responsible for, must see whether it is in the accident directly or indirectly at fault, if so, it will be considered to bear the corresponding fault responsibility.Fang Hong: In this case, the two original owners of the car does not seem to have the situation that you said, but only the existence of the vehicle scrapped, that is to say, in the process of buying and selling, the vehicle has been scrapped. In this case, the two original owners of the car whether to bear the responsibility of the traffic accident Hu?
Su Ning lawyer: the original owner of the car is certainly responsible. Because, the original car owner is not responsible, mainly depends on the original owner has no fault.
In this case, the original owner of the mandatory scrapping of the vehicle after the sale, also belong to the fault. In this case, the original owner bought and sold the vehicle after the mandatory scrapping, which is also at fault. According to the existing law, there is a mandatory retirement period for motorcycles. The rules are not the same, some areas are 13 years, some areas are 15 years. So,if you buy aamotorcycle that has been driven for more than 15 years, the car is definitely not allowed to go on the road. In addition, if the mandatory end-of-life period, the car should be how to deal with? Normal practice is to take the vehicle to the scrapping process , and finally sell the vehicle to the vehicle dismantling plant or recycling plant, by the vehicle recycling plant or dismantling plant to dismantle the vehicle, secondary use. In this case, Wang Mou in the sale, has exceeded the mandatory scrapping period of the motorcycle. More than the mandatory scrapping period of the motor vehicle, the law no longer recognized it is a motor vehicle can be legal on the road. In principle, there is no difference between a motorcycle and a piece of scrap metal. Even if the price of a scrap metal sold, because the sale of channels or scrapping does not meet the existing legal requirements, Wang's behavior is at fault. Because this car can not be normal annual inspection, but also can not pay any insurance. This kind of car traveling on the road, it must be on the rights and interests of the unspecified third party is unable to protect. So, in this case, if you go to buy and sell vehicles without authorization, you must be at fault. This case is such a situation,whether Wang Mou or Zhai Mou, they are in the process of selling the motorcycle, is aware that it has been in the state of obsolescence, still trading, there must be fault. Therefore, after the car accident, they must be held jointly and severally liable. This is clear in judicial practice. I personally have dealt with a similar case before. In the end, the court ruled that the original owner of the car and the actual driver of the car after the final joint and several liability.Fang Hong: The court ruled that the actual driver, Hu, should compensate Wu for nearly 140,000 yuan, and that the original owners, Wang and Zhai, should be jointly and severally liable. Wang Mou, Zhai Mou in the process of selling the car is estimated to earn up to a few thousand dollars, but this is the compensation of nearly 140,000 yuan, it is not worth the loss. So, we should pay special attention to what matters in the sale of vehicles?
Su Ning lawyer: I previously handled the case is the same, a light truck owner to 3000 yuan sold to the next buyer. He was responsible for more than 400,000 dollars of joint and several liability for the 3,000 dollars. This is the legal consequence.
First, from the perspective of the seller, my personal advice is that if you want to sell a car, in addition to delivering the car to the other party, you must transfer the account, the registrar must be transferred. If you don't, there is a risk of liability or legal responsibility. In addition, we should pay attention to the issue of insurance when selling a car. Vehicles on the road must have compulsory insurance. The amount of money for compulsory insurance is not very high, I remember it is more than 1000 dollars. When you sell your car, make sure you bring the compulsory insurance with you, and don't try to save a few bucks by returning it or stopping it. Otherwise, it is possible to deliver the vehicle in the process of traffic accidents, the seller of the car will bear the corresponding legal responsibility. Secondly,delivery time must ask the buyer more, there is no driver's license or drink today? From this aspect to exclude their own risk,or simply deliver it to the qualified, conditioned used car dealers, so that you can reduce the legal risk of this.For car buyers need to pay attention to :
First, some motor vehicles are mandatory scrapping period, the normal use of small cars, private cars are not mandatory scrapping period. The first one is that the car is not a car, but a car that is not a car. But some cars do, such as motorcycles, pickup trucks, trucks or commercial vehicles, and the original is a cab or operating vehicles, these are mandatory scrapping period, just different vehicle scrapping period is different. We must pay attention to the time to buy, or as a normal vehicle to buy, buy the hand after the realization that the next year will be due for scrap. No matter how your car condition, to the mandatory scrapping period, the car must be scrapped, must not be on the road. So, this is something you need to pay attention to when you buy a car.