Traditional Culture Encyclopedia - Travel guide - Can I borrow a car if I don’t have third-party insurance?

Can I borrow a car if I don’t have third-party insurance?

It depends on whether the insurance contract of your friend's third-party liability insurance prohibits the loaning of vehicles. If not, you will be liable for compensation. A case is quoted below:

After a traffic accident occurs when a vehicle is lent to others, the insurance company will usually refuse to pay the claim for violating the insurance contract. If the insurance contract between the two parties does not clearly stipulate that the insured vehicle cannot be lent to others, the insurance company cannot refuse compensation on this basis.

Case introduction: On September 20, 2007, Lao Wang signed a motor vehicle insurance contract with an insurance company, and insured all his Passat cars with vehicle loss insurance, third party liability insurance, and complete vehicle insurance. Theft insurance, driver's seat insurance and front passenger seat liability insurance, the insurance period is 1 year. Among them, the vehicle loss insurance insurance amount is 210,000 yuan, the third party liability insurance insurance amount is 200,000 yuan, the driver's seat liability insurance insurance amount is 50,000 yuan, and the front passenger seat liability insurance insurance amount is 50,000 yuan per seat; the vehicle loss insurance and the third party liability insurance insurance amount are 50,000 yuan. The accident liability deductible rates of the three liability insurances are all excluding the deductible rate, and there is no absolute deductible. After the contract was signed, Lao Wang paid various insurance premiums totaling 5,485.71 yuan. On October 30, 2007, Lao Wang's friend Xiao Zhang borrowed a car from him to go on a trip. On the way, he collided with an agricultural vehicle, injuring the driver of the agricultural vehicle and damaging Lao Wang's vehicle. The traffic police department determined that Xiao Zhang was primarily responsible for the accident and the agricultural vehicle driver was minor responsible. After court mediation, Lao Wang paid the agricultural vehicle driver 450,000 yuan for various expenses. At the same time, Lao Wang spent 86,599 yuan in vehicle maintenance fees due to the accident. Afterwards, Lao Wang applied for a claim to an insurance company, but the insurance company refused to pay. In July this year, Lao Wang took the insurance company to court with a complaint, demanding compensation from the insurance company.

After the trial, the court held that the insurance contract signed by Lao Wang and an insurance company was the true expression of intention of both parties and did not violate the mandatory provisions of laws and administrative regulations. It was legal and valid, and both parties should Fully perform contractual obligations in good faith. Xiao Zhang is a legal driver with driving qualifications. Lao Wang lent the vehicle to Xiao Zhang, which was not prohibited by law, nor violated the contract between the plaintiff Lao Wang and an insurance company, or changed the nature of the insured vehicle, thereby increasing the The probability of an insurance accident occurring does not harm the contractual interests of an insurance company. As the owner of the insured vehicle, Lao Wang delivers the insured vehicle to Xiao Zhang for driving, and Xiao Zhang is the driver permitted by the owner of the insured vehicle. Lao Wang and Xiao Zhang, as the owners and drivers of the insured vehicle, are counterparties to the vehicle insurance contract in this case relative to an insurance company. The law stipulates that the borrower shall be liable for compensation to the victim, which is the legal determination of the internal rights and obligations between the vehicle owner and the borrower, and should not be a reason for an insurance company to exempt an insurance company from insurance liability. An insurance company should compensate Lao Wang for his losses due to a traffic accident involving his insured vehicle in accordance with the insurance contract.

Accordingly, the court ruled that the insurance company should compensate Lao Wang 86,599 yuan for vehicle damage and 200,000 yuan for third-party liability compensation, totaling 286,599 yuan