Car rental home, unfortunately, an accident, prosecution of activist passengers successfully awardedDuring the Spring Festival, many people choose to rent a car or car home for the new year, but this new convenient way to travel in addition to potential legal risk is also a thorny issue. Recently, the Jinan lixia got with the practice of the Court because of disputes over compensation for car accidents, passengers "who should be the compensation" issue had a lot of trouble, but finally succeeded with the help of a judge resolved the problem.
car rental home unfortunately, an accident
Zhang Wei Zhuang Li and her husband were outsiders working in Jinan, during last year's Spring Festival is drawing near for the new year, because two people are not able to buy train tickets home, coupled with the need to take luggage and more, and the two of them plan to rent a car to go home for the new year.
after you make up your mind, Zhuang Li and his wife chose a car rental is a member of a Jinan taxi driver Lee of driving the rental car Center, Zhuang Li and his wife will be sent home. However, shit happens, on his way home, vehicles not Jinan, unfortunately running a taxi and a car collided, Zhuang Li caused injuries, damaged two cars of traffic accidents. Economy South lixia Police Brigade "traffic accident report" finds that the other car owner Wang bear full responsibility for the accident.
after the accident, Zhuang Li was immediately sent to hospital for treatment, and the next day was transferred to a provincial hospital. Diagnosed by the hospital, Zhuang Li clavicle fractures, rib fractures, a concussion.
claims hit "pass the buck"
Chinese new year, happy home were met with such a thing was bad enough, but after the accident, after treatment, Zhuang Li incurred enormous costs. In order to what had happened to get a claim to receive compensation, Zhuang Li on several occasions to find a car rental Jinan negotiated settlement, let her chill is, however, a car rental Jinan Center refused to heed Zhuang Li's claims.
car rental Center thought, taxis in traffic accidents in this form for the car rental Centre, owner Lee individual, according to the certificate of traffic accidents, other accident car owners take full responsibility for the accident. Therefore, the subject of car rental Center is neither tort and no-fault, refused to compensate. Later, Zhuang Li and found the driver and the driver, and the other on the compensation issue, "kicking the ball."
eventually, Zhuang Li helpless to lixia Court, requested Decree Jinan automobile rental payment of medical expenses, nursing costs, time costs, compensation for moral damage amounted to more than 70,000 yuan.
prosecution of activist
passenger successfully awarded
not long ago, the case economic South lixia Court believes that plaintiffs Zhuang Li accused a car rental Jinan taxi ride, established a contract relationship with the defendant, the defendant is obliged to transfer passengers safely to their destination. In operating the traffic accident on the way, personal and property damage to the plaintiff, the plaintiff is entitled to choose to require each other to bear liability for breach of contract or tort.
plaintiff's default action, explicitly said the prosecution case as a contract dispute, a car rental in Jinan as defendants, the main qualification. After the accused the burden of liability to recourse against the infringer. According to the contract law and other related laws and regulations, lixia Court judgment defendant Zhuang Li a car rental Jinan compensation the plaintiff costs, time, nursing fees, transportation fees, more than 47,000 yuan.
after the case entered the implementation stage, the undertaker lixia Court Vice President Hua Yong the Executive Board implementing a car rental service in a timely manner, "notice", "report property" and other related legal instruments, but the car rental Center is not conscious to meet their obligations. A few days ago, lixia Court judge after much investigation, finally mastered the car rental Center property, bank deposits law, car rental Center in full deduction of court and paid Zhuang Li will be executed in a timely manner.