How to avoid risks when renting a car
So is it really that easy to rent a car? For example, the rented car is in bad condition. Who will bear the cost of vehicle maintenance? Who was responsible for delaying the leasing process? If a vehicle accident happens, who should pay for the accident?
In order to avoid risks as much as possible and ensure the safety of all parties, the reporter interviewed many experts and netizens in order to allow everyone to enjoy a “car rental†in peace and happiness and happy New Year.
Cases caused by car rental
Story One: Rented cars are flawed and traffic accidents occur
Shanghai citizen Xiao Mou plans to go to Beidaihe, Hebei Province to take a wedding photo, which facilitates the signing of a rental contract with a car rental company on July 28, 2012, and hires a Chevrolet sedan from the company. On July 29, Xiaomou drove from Tianjin to Beidaihe to take a wedding photo. At 12:30 that day, when the vehicle reached the coast highway, it suddenly ran into a collision with the central guardrail, causing damage to the Chevrolet sedan and loss of road production. After the accident, the traffic police seized the Chevrolet sedan in a parking lot. On August 9th, 2012, the public security department issued an appraisal report stating that "the front right wheel hub has defects such as cracks and cracks, and there are fresh marks and old marks on damaged sections." "Insufficient air pressure on the right front wheel tire is caused by the broken wheel hub." . On the same day, the appraisal department also issued a "Technical Inspection Report for Road Traffic Accident Vehicles," which states that "the technical condition of the car brake system is intact and the braking performance is normal."
After the completion of the traffic accident, the traffic police department handed off the vehicle to Xiaomou, Xiaomou did not promptly mention the car. Until November 26 of the same year, Xiao Mou handed over the car slip to the leasing company. On December 3, the leasing company went to the parking lot to handle the car-lifting procedures. At the same time, the leasing company paid 4330 yuan for the road loss caused by the traffic accident and 8300 yuan for the parking period. Based on this, the leasing company will sue Xiao to the court and sue Xiao Mo to pay the related expenses such as leases that occurred on October 23, 2012 of more than 30,000 yuan; to pay parking fees and other related expenses of more than 12,000 yuan.
The court held that the plaintiff should bear full responsibility for this traffic accident because the plaintiff's vehicle rented to the defendant apparently had flaws. With regard to the original parking fees, the court held that the vehicles leased by the plaintiff to the defendant had caused traffic accidents and would inevitably cause the consequences of the vehicle being detained. Therefore, the parking fee should be borne by the plaintiff within a reasonable period of time, and the defendant delayed the vehicle. The parking fee paid for the delivery of the parking slip should be borne by the defendant.
Story Two: Car Rental to Unlicensed Driver, Resulting in Accident
After Koumou leased a car from the car rental company, he was handed over to a friend Lee and Lee did not have a driver's license. In June 2012, Lee accidentally hit the cement barrier on the road after driving the vehicle and a traffic accident occurred, causing Lee and the rider Yang to die on the spot. The close relatives of the deceased, Yang, took Lee's heir, Guo Mou and the car rental company as defendants to bring a lawsuit to the court and asked the defendants to jointly pay 466,000 yuan.
The court held that the accident should be borne by the parties in accordance with the size of the cause of the damage caused by the parties to take corresponding responsibility. The renter Kwok lent the vehicle to Lee without a driver's license, neglecting to manage the accident vehicle; Lee driving the vehicle did not obtain a driver's license to drive the vehicle, fatigued driving, and drunk driving; the renter and the driver should all share the responsibility. Liability. The leasing company has performed its contract review obligations during the lease of the accident vehicle. The vehicle provided does not have a defect that has a causal relationship with the consequences of the accident. Therefore, the court rejected the claim that the plaintiff required the car rental company to bear the liability for compensation. Claims.
What do you think about car rental
View one: very convenient, when going to the field will be preferred
Mr. Jiang, who is doing aluminum business in Zhengzhou, once had a car rental experience in Shanghai. He said that the car was very smooth and convenient.
About five years ago, Mr. Jiang went to Shanghai on a business trip to participate in the exhibition of glass curtain walls in Shanghai, so he brought a lot of aluminum samples and materials. Due to a lot of things, he had to run back and forth in multiple locations within three days, so he decided to rent a car. “I was looking for local people to consult with a large car rental company that had a very good reputation and was very formal. To avoid unnecessary troubles, I carefully checked the vehicles when they delivered the car. Some companies were very negative. Responsibility, there will be problems with the vehicle will not tell you.There are also some scratches on the vehicle body, if you did not come forward before the delivery, the car will be reimbursed by the car rental company.†Mr. Jiang said that because he was careful at the time Check, so the entire car rental experience is still very smooth.
View 2: Rent a "broken" vehicle, delaying a full day trip
Not everyone's car rental experience is as smooth as Mr. Jiang. Mr. Jiang’s colleague, Mr. Wang, was less fortunate.
Three years ago, Xiao Wang and seven or eight companions traveled to Xinjiang. Imagine having a car ride on the vast Xinjiang land. It must have been a pleasure. Mr. Wang found a local car rental company and rented a Buick car that could take 7 people and was ready to start the day.
However, when Mr. Wang drove the car to the hotel and joined his companion, the companion pulled the car door and even pulled the door away. "With the power to open the door normally, how could the door be pulled out? The problem with the vehicle is very obvious. I only hate myself when I rent a car and neglect to check the vehicle carefully," said Mr. Wang.
Later, due to vehicle repair problems, Mr. Wang and his companions sought the theory of the car rental company. However, because there was no evidence that the car door was originally bad, and Mr. Wang had already signed a car rental contract, Mr. Wang paid the car rental company a few thousand dollars. Repair fee. Not only was a day wasted, but it also affected the good mood of travel. Mr. Wang and his companions did not continue to rent a car.
Legal risks involved in renting a car
At present, automobiles have become an indispensable transportation tool in daily life. However, automobile purchase, maintenance, and maintenance costs are relatively high. Many people choose to rent a car when their economic strength is not reached. At present, there are many formal car rental companies on the market, and there are formal written contracts, but it does not rule out the car rental risk arising from negligence during the car rental process.
The lessor and the lessee have legal risks
Luo Jingxian Court Judge Kong Jingjing believes that in the process of renting a car, both sides of the rental car will be involved in the corresponding legal risks: For the lessor, when there is a traffic accident on the rental car, due to the fault of the lessor, if there is no review of whether the lessee has a driving license, etc. Acts need to bear the corresponding liability.
For the lessee, the rental vehicle should carefully check the condition of the vehicle, such as whether the vehicle belongs to the leasing company, whether the vehicle has potential safety hazards, the insurance condition of the vehicle, the occurrence of causes other than the will of the tenant such as spontaneous combustion of the vehicle, stolen, etc. Both parties must have a clear and agreed solution, otherwise the vehicles will be damaged under the control of the renter, and the lessee may evade legal liability.
What happens to the parties in the event of an accident?
Kong Jingjing said that if there is a traffic accident in the rental vehicle, the two parties can resolve it through self-negotiation, mediation by the traffic police department and court litigation.
She said that in the specific settlement process, for the lessee, first of all, the insurance company should be required to make compensation within the scope of the insurance coverage, and the insufficient part can bear the corresponding responsibility according to the degree of fault of the lessor and the lessee. If an accident occurs due to improper driving of the driver, the driver must be liable for the damage caused by the accident. In the case of a traffic accident caused by a vehicle safety problem, the leasing company, as the owner of the vehicle registration, must also bear corresponding liability for the accident if it fails to provide a vehicle that meets the safety standards.
For the lessor, the insurance company will give priority to the payment, and the insufficiency will be paid in accordance with the lease contract. If the lessor fails to insure the accident vehicle or the insurance company refuses to pay compensation, the lessee may require the lessor to compensate within the scope of his liability. If the lessee has faults of his own, the lessor’s compensation liability may be appropriately mitigated.
What to watch out for when renting a car
As a renter, be sure to read the lease agreement carefully when renting a car.
According to the judgment of the case, Dong Xiaoming, a judge of the Luoshan County Court, reminded that when the car rental parties reach a car rental agreement, first of all, they must explicitly agree on the car rental behavior, such as specific conditions such as vehicle registration, driver's license requirements, car rental duration, and the calculation of the cost. Deposit delivery, operation and legal responsibility. Secondly, it is necessary to stipulate liability for accidental risks. For example, if the lessor can insure the insurance company or assume other liabilities, and the liability for the accident risk shared is not insured, the calculation and payment of the risk loss can be made with reference to the motor vehicle insurance clause and the compensation procedure. . Finally, it is necessary to stipulate the corresponding liability for breach of contract, such as the liability of the lessor when it fails to fulfill the obligation to provide the contractor with the vehicles, services, etc. as stipulated in the contract.
In addition to this, Professor Chen Xiangjun of the College of Political Science and Law at Hubei Normal University also reminded readers according to legal practice that both parties should fully understand each other’s credit status before renting a car. The leasing party shall prevent the risk of fraudulently taking control of the vehicle in the name of a car rental, and then sell the vehicle to a third party illegally; the leasing party shall understand whether the leasing party has the qualification for car leasing operation so as to avoid encountering the black car dealership. At the same time, the renter should pay special attention to details such as the condition of the vehicle provided by the lessor, whether the insurance is sufficient, whether the insurance expires, etc., and the appearance of the vehicle should be carefully checked to prevent unclear disputes in the future.
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