How to divide the liability for compensation in case of a car accident between friends who help drive for free? Recently, the Second Intermediate People's Court of Hainan Province has concluded a dispute over the right of recourse and provided an answer. It is reported that Ji and Chen are friends. In July 2023, at the request of Ji, Chen drove his vehicle from Haikou City to Dongfang City free of charge. On the way, Chen rear ended the vehicle of an outsider named Cao on the roundabout highway, causing damage to both vehicles and the guardrail. The traffic police determined that Chen was fully responsible for the accident. Through court mediation, Chen compensated Ji with 30000 yuan for vehicle maintenance costs. Cao still suffered a loss of over 21700 yuan after insurance claims, and the court ruled that Ji's auto parts business in Jiangyin, Jiangsu Province, should compensate for the amount. After paying the amount, the auto parts trading company sued Chen for over 21700 yuan in June 2024 on the grounds of gross negligence, which was supported by the first instance court. Chen appealed against the decision. The Hainan Second Intermediate People's Court held that Chen's behavior was a benevolent act. Good intentions and acts of kindness, also known as daily acts of friendship, should the perpetrator intentionally or negligently cause harm during the implementation process, they shall bear corresponding legal responsibilities. In this case, Chen had driving qualifications and did not engage in any behavior such as drinking or drunk driving. He only caused a rear end collision due to failure to fulfill his duty of care, and there was no intentional or gross negligence. If compensation is demanded, it contradicts the integrity and friendliness advocated by the socialist core values. Therefore, Hainan No.2 Intermediate People's Court does not support the compensation amount claimed by the auto parts trading company, and the first instance judgment is revoked and the auto parts trading company's lawsuit request is rejected. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:legaldaily.com.cn
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