Hitchhiking is common in our daily life. Some colleagues and friends ask for a ride. What should we do? Rejection will affect feelings, consent and bring unnecessary troubles to yourself. If an accident happens on the way and causes an accident to the passengers, can you be exempted from compensation liability because of your "good intentions"?

Case study:

Huang bought air conditioner in zhaomou, then took zhaomou's car to his residence to install air conditioner. However, in the afternoon of that day, in the direction of Beijing Harbin expressway, the vehicle driven by zhaomou overturned unilaterally, causing the passenger Huang to be injured. The traffic accident responsibility certificate issued by the highway brigade of the traffic police detachment confirms that Zhao is fully responsible.

Therefore, in this traffic accident, Huang spent more than 50000 yuan on medical expenses, and lost other expenses such as work delay cost, nursing cost, nutrition cost, in-hospital food allowance, transportation cost, etc. Huang sued Zhao in a paper petition, asking the court to make a judgment according to law that Zhao should compensate him for more than 85000 yuan of losses caused by the traffic accident.

Insurance company

The accident was caused by the unilateral rollover of Zhao's driving vehicle, so the insurance company will not compensate.

Obviously, it's not right

Legal basis: Article 16 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of road traffic accident damage compensation cases If a motor vehicle with compulsory third party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third party liability insurance (hereinafter referred to as "commercial third party insurance") is involved in a traffic accident and causes damage, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1 First, the insurance company that underwrites the compulsory insurance shall make compensation within the limit of liability;

2 For the insufficient part, the insurance company that underwrites the commercial three party insurance shall make compensation according to the insurance contract;

3 If there are still deficiencies, the infringer shall make compensation in accordance with the relevant provisions of the road traffic safety law and the tort liability law.

The people's court shall support the claim of the infringee or his close relatives for priority compensation for mental damage by the insurance company that underwrites compulsory insurance

4. The specific compensation items and the calculation standard of the amount are detailed in the provisions of the interpretation of the Supreme People's Court on Several Issues concerning the application of the law in the trial of the case of personal injury compensation. It is recommended to consult

2 How long does it take:

1. When a people's court applies summary procedure to hear a case, it shall conclude the trial within three months from the date of filing the case;

2. The people's court shall, within six months from the date of filing the case, conclude the case which is tried by applying ordinary procedures. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; if the extension is necessary, it shall be submitted to the people's court at a higher level for approval.

3. Legal basis: Articles 149 and 161 of the Civil Procedure Law

Court decision

Recently, Tongzhou Court concluded the case. According to the tort liability law of the people's Republic of China, the personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe. In case of personal injury caused by infringing upon others, compensation shall be made for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the reduced income due to missed work. If the infringee is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.

The court held that Zhao should bear the tort liability for the accident of overturning the vehicle unilaterally, which caused the passenger Huang to be injured. There is a causal relationship between Zhao's behavior and Huang's damage. Huang took Zhao's accident vehicle free of charge. Zhao said Huang didn't wear a seat belt during the ride, which could reduce Zhao's liability for compensation. According to the final court, Zhao assumed 70% of the liability for compensation for the traffic accident, totaling more than 55000 yuan.

About hitchhiking, netizens' point of view.

Netizen A: Hitchhiking is a kind of risk. If I take someone else's car and something really happens, I can only think of myself as unlucky.

Netizen B: someone can take a ride occasionally. I don't want to take a ride all the time, so I sometimes find an excuse to refuse! I never let pregnant women take my car. I can't afford to pay for an accident.

Netizen C: generally, the people who take the bus are acquaintances. Don't let others come up and feel embarrassed. I never thought about the latter.

Netizen D: sometimes to make others convenient is to make yourself convenient, but once something happens, it's really hard to please!

So, what do you think about hitchhiking? Please leave a message.