Traditional Culture Encyclopedia - Hotel franchise - What should I do if there is a traffic accident on behalf of the driver and the owner has no strong insurance and no commercial insurance?
What should I do if there is a traffic accident on behalf of the driver and the owner has no strong insurance and no commercial insurance?
Who is responsible for the accident when you find a driver after drinking can't be generalized. Different forms of driving have different responsibilities.
if the hotel provides driving service for customers after drinking in order to attract business, even if it provides driving service for free, the hotel has the obligation to ensure the safety of customers' consumption, and cannot ask for exemption on the grounds that it provides free service.
therefore, if the owner of the vehicle is injured, the hotel shall be liable for compensation, and the injured person of the other vehicle shall be liable for the traffic accident insurance, and the excess loss shall be compensated by the hotel. As for the driver on behalf of the driver, if he is an employee of the hotel and has a labor contract relationship with the hotel, the liability for compensation should be borne by the company. If the driver is injured, it should be regarded as a work-related injury. If the relationship between them is employment, the employer (hotel) should also bear the responsibility. However, if the driver on behalf of the driver has intentional or gross negligence, he should be jointly and severally liable for the accident with the employer.
if you are looking for a driving company, the responsibility is similar to that provided by the hotel, and the owner is not responsible for the accident. According to the labor relationship or employment relationship, determine the responsibility of the hotel and the driver.
the owner takes the responsibility when looking for a driver or a friend to do it.
In addition to the two situations where the hotel provides a driver and the driver company does it, it is also common for the owner to find a private driver after drinking, or to find a friend at the same table who has not drunk to help him do it. If there is an accident at this time, the responsibility will be different.
Mr. Wen believes that if you are looking for a private driver, there will be an employment relationship between the owner and the driver. The owner is the employer and the driver is the employee. In the event of a traffic accident, the employer shall be liable for compensation; If the employee intentionally or grossly neglects the damage, he shall be jointly and severally liable with the employer.
if the car owner asks a friend to drive for free, a helper relationship will be formed between the car owner and the driver. According to the relevant laws and regulations, if any damage is caused to others in the process of helping workers, the party who accepts the help workers shall be liable for compensation, that is, the owner shall be liable for compensation.
there are many legal issues involved in driving service, which is prone to disputes. if driving service is needed, citizens should find a qualified company and sign a written contract to clarify the vehicle condition, vehicle insurance, place of departure, service charges, rights and obligations of both parties in the case of traffic accidents and vehicle failures, and the handling of property loss. If a friend is driving, it is necessary to know whether he has a legal driver's license, whether he drinks alcohol, whether his car is in good condition, etc., so as to better protect his rights and interests.
Further reading: How to buy insurance, which is better, and teach you how to avoid these "pits" of insurance.
- Previous article:A poem about vertical figures
- Next article:What is the telephone number of Chongqing Jindi Zizaicheng Marketing Center?
- Related articles
- A contract between a tea shop and a hotel.
- Cancel the reservation in the Meituan public comment.
- The door to the womanĄŻs bathroom was opened after she took a shower, and the hotel apologized and waived the room fee. What do you think of the hotelĄŻs approach?
- Jing Yue Villa, a single-family villa, is recommended to live in Xishuangbanna, Yunnan.
- Is the location of Changhe Manor good?
- How do young girls wear cheongsam?
- What are the six skills of hotel service?
- How to solve the accommodation of Pipi Island in Aonan Beach+Play Raiders
- Weekly work plan template (10 articles)
- How to get to the second industrial zone of Zhenkou Village, Humen Town?