Private car owners and lease companies are stuffed with trading responsibilityVehicles leasing arrangements are not in passenger transport license, engaged in passenger service without driver qualification documents. Provide operating services on a private car owners to travel, only occur while driving a car crash of a serious traffic accident. On April 30, the Minhang district people's Court in Shanghai Wei compensation for families of the deceased death compensation and spiritual damage compensation loss more than 548,000 yuan, persistent car leasing in Shanghai Wei bear joint and several liability of compensation payable in the first instance verdict.
June 12, 2007, at 11 o'clock, Wei drove in Hui-hang expressway from Hangzhou to Shanghai minivan tunxi downward in the direction of line sections, unfortunate event of an accident. Vehicles scraping the first road on the right guardrail, lost control and collided head-on with the road sign of the belt in the middle column, road vehicles to burst into flames after skidding to the right. Accidents, Wang Wei from a tour guide on the bus and I was thrown out, in a car crash caused serious consequences. Wang died on the same day, Wei was injured. Designated by the public security organs, w a bear full responsibility for the accident, Mr Wang under no obligation.
as a claim for loss, the parents of the deceased and daughter of Wei and the constant company of vehicles to court, requested according to law decree Wei compensation for various losses of more than 570,000 yuan, persistent company bear joint and several liability. Families of the deceased, deceased Wang Jinxing travel guide, crash cars Jinxing travel agents to exercise the company is leasing the passenger vehicle. Exercise accident leasing company of Wei should bear joint and several liability.
persistent company argued that this accident was Wei's personal fault, the public security organs already taken full responsibility for the accident found Wei and Wei is the owner, all economic loss should be compensated by Wei. Wang Jinxing the deceased is a labor contract between the travel agency and has no legal relationship with the company, star travel agency rental vehicles from Kam using, according to relevant regulations, exercise should not bear the joint and several liability of the company.
Wei traffic accidents all responsibility for their no objection, agreed to assume liability in accordance with law, but it also was seriously injured in the accident, and economic difficulties, are unable to pay compensation. Its relationship with constant rental company car rental contracts, which have no legal relationship with Jin Xing travel service or rental contract, based on the constant containing the content provided by the rental company car rental car rental. Persistent rental of the car rental company faxed its burnt in the accident, but can provide other business in the "notice of ordering by fax, car rental, car rental fax" and other evidence to prove that their long-term rental contract relationship with constant leasing company. Is done after receiving the constant company of the fax rental business to earn rental fees.
the identification of the time of the incident, Wang Jinxing travel agency assigned by the employer to take a driving cars rushed to Huang Shan two name Wei Taiwan tourists go "East 6th tour" and is responsible for guiding services. Jinxing travel agencies to undertake tours when business needs of passenger vehicles often tamper contact car rental. Kam star travel agency fax to tamper of the car rental company, constant car company will confirm the price, time, travel, contacts, related content, such as filling in the rental form and then return to Kam star travel agency. This "East 6th tour" rental fee for 2700 Yuan.
and Wei are owners of small passenger cars, the car free passenger license, Wei engaged in passenger service without a driver qualification documents. But Wei and persistent company has from time to time the rental relationship, making a rental fee.
the Court found that the constant company as a lessor of tourism vehicles to hire vehicles during the operation of the personal injury caused by traffic accidents, belonging to the related responsibility for this accident. In accordance with the relevant laws and regulations, passenger services means any passenger or user's willingness to provide transportation services, and according to the time and mileage charges of the taxi business. Rental rental services refer to users vehicles not equipped with the driver's passenger vehicles and taxi business activities based on real-time charging. Passenger vehicle shall have a valid operational qualification certificates, engaged in passenger vehicle drivers should have a passenger service qualification certificate. But persistent company to borrow the car from private car owners to rent out vehicles on behalf of himself and is equipped with a driver to travel agents, persistent firms knowing that Wei is the qualification of private car owners, car free passenger documents, pilot Wei driver qualification documents with no passenger service to Jinxing travel agency providing passenger service, that his conduct illegal passenger service. Wei has knowingly engaged in passenger transportation is illegal for private cars still seek illegal interests to exercise on behalf of the company to foreign car rental operations. In summary, Wei should bear civil liability, persistent bear joint and several liability of the company's appeal, in law, be supported.