Who is responsible for a car accident while traveling?

If a tourist encounters a traffic accident during a group tour and suffers accidental injuries, who should he claim for compensation from? Should the travel agency first bear liability for breach of contract and then seek compensation from the infringing party based on the specific circumstances? I introduce it to you.

As for whether tourists have the right to demand compensation from travel agencies, generally speaking, it should be analyzed from the following aspects: There is a travel contract relationship between travelers and travel companies. According to the nature of the travel contract and the relevant laws, It is stipulated that ensuring the personal and property safety of tourists is one of the important contents of the tourism contract.

According to the liability for breach of contract under contract law, the principle of strict liability is implemented based on the principle of attribution. If a passenger causes personal injury and property damage due to an accident during the trip, generally speaking, it should be regarded as a violation by the travel agency. If the safety guarantee obligation stipulated in the travel contract is violated, the travel company shall bear the liability for compensation for the personal and property losses caused to the traveler, unless the travel company can prove that the loss was caused by force majeure (such as mudslides, etc.), the traveler's own illness, the traveler's own fault, Caused by a third party or other reasons not attributable to the travel company.

Travel agencies have unshirkable responsibilities

Article 7 of the "Consumer Rights and Interests Protection Law" stipulates: "Consumers have the right to personal and personal rights when purchasing and using goods and receiving services. The right to property safety without damage. Consumers have the right to demand that the goods and services provided by operators meet the requirements for protecting personal and property safety.”

For group tours, from the beginning of the trip to the end. During the entire process, if a traffic accident occurs, the travel agency, as the organization manager, must bear the corresponding personal and property safety responsibilities for the passengers on the vehicle. If tourists choose to take out insurance on their own, the insurance compensation content does not conflict with the responsibilities that the travel agency should bear.

From the perspective of consumers, they are participating in a tour group organized by a travel agency. If an accidental injury occurs, the travel agency should first bear responsibility. As for the issue of compensation standards for personal accident insurance, it should be clear that when travel agencies provide consumers with relevant travel insurance, they should inform consumers of the insurance coverage and write it into the contract to effectively protect consumers’ right to know.

Compensation should not be made by the travel agency

Travel agencies have basic safety protection obligations for tourists, but they should be based on a reasonable and objective basis. If the travel agency did not violate relevant regulations or make any subjective fault when arranging vehicles and driving them, but the traffic accident was caused by the complete fault of a third party, the travel agency should not be held liable for compensation.

During the trip, if a tourist is injured due to a traffic accident, the traffic police department should determine the responsibility for the accident and divide the compensation proportion according to the responsibility. If a travel auxiliary service provider, such as a driver, is at fault in the accident, the travel agency shall first bear relevant liability for the fault of the auxiliary service provider.

The taxi driver who caused the accident bears full responsibility, so the relevant liability for compensation should be borne by the party causing the accident. Since there is no problem with the services provided by the travel agency, the responsible party does not belong to the travel agency. The travel agency only has the obligation to actively provide treatment for tourists, provide corresponding comfort, and assist tourists to claim rights and claims from the actual party responsible for the accident.

Take responsibility first and then recover

Travel agencies and tourists form a sales contract relationship, and tourism organizers have the obligation to protect the personal and property safety of tourists. If a tourist has an accident during the travel contract period, that is, during the trip, resulting in injury or other losses to the tourist, the travel agency shall bear the obligation to treat and compensate the tourist.

For tourists’ personal injuries caused by this, compensation standards can be calculated and claimed from travel agencies in accordance with relevant laws and regulations such as the Consumer Law, Contract Law, and Tort Liability Law. As long as the compensation proposed by tourists is reasonable and legal and within the legal standards, the travel agency should bear it. As for the third party responsible person, the travel agency has the right to seek compensation from it.

As far as the above disputes are concerned, the travel agency should first bear liability for the losses of tourists, and then seek compensation from the infringing party based on specific circumstances such as the determination of liability for traffic accidents. In order to reduce such business risks, travel agencies can obtain corresponding protection by purchasing insurance.

Travel agencies assist with claims

When consumers sign a travel itinerary with Green Travel Agency, consumers will be advised to purchase insurance, but whether to purchase it or not still respects the consumer’s own choice. During travel, if an accident occurs, the travel agency will provide assistance as soon as possible and advance the medical expenses. They will also assist consumers to claim compensation from the party responsible for the accident and the insurance company afterwards.

The responsibility for a car accident while traveling depends on the circumstances, and different entities will bear the responsibility in different situations.

@2019