[problem]
Hu, who lives in Qiu ‘ai, Yinzhou, has been in trouble recently, which was caused by his pickup truck. One day at the end of March this year, he drove a pickup truck to deliver goods and parked his car on the road in front of the client company. Because it only takes a minute or two to send the goods in, Hu did not pull out the car keys after getting off the bus, but just put out the fire. In this one or two minutes, Li, a passing villager, found it fun to get on the vehicle and started moving forward. However, only after driving more than 50 meters, I ran into a pedestrian. Although the injury was not serious, the treatment later cost more than 10,000 yuan. As determined by the traffic police department, Li driving without a license took full responsibility for the accident.
After paying all the compensation fees, the insurance company in turn recovered the compensation from Hu and Li. Hu asked, Li stole the car without his permission, and the damage should be borne by Li. Why did the insurance company recover the compensation paid from him?
[statement]
Article 2 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Compensation Cases stipulates: "If a party drives another person’s motor vehicle without permission and a traffic accident causes damage, the people’s court shall support it if the party requests the motor vehicle driver to bear the liability for compensation in accordance with the provisions of Article 49 of the Tort Liability Law. If the owner or manager of a motor vehicle is at fault, he shall bear the corresponding liability for compensation, except for the circumstances stipulated in Article 52 of the Tort Liability Law ". Articles 49 and 52 of the Tort Liability Law stipulate: "If the owner and user of a motor vehicle are not the same person due to lease, loan and other circumstances, the insurance company shall compensate the motor vehicle within the limits of the motor vehicle compulsory insurance liability after a traffic accident. For the insufficient part, the motor vehicle user shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. " "If a motor vehicle that is stolen, robbed or robbed is damaged by a traffic accident, the thief, robber or robber shall be liable for compensation. If an insurance company advances the rescue expenses within the limits of motor vehicle compulsory insurance liability, it has the right to recover from the person responsible for the traffic accident. " From the above law, it can be seen that for traffic accidents that occur when the vehicle is driven without the owner’s permission, unless the vehicle is stolen, robbed or robbed, as long as the owner is at fault, he must pay for the loss.
Combined with Hu’s case, there is no such thing as a small truck being stolen, robbed or robbed. As the owner and the first manager of the car, Hu has the obligation to take good care of the vehicle, not to put it out of control and not to let others get it at will. However, when the vehicle was not used and placed on the side of the road, Hu did not pull out the car keys or close the door, leaving the vehicle in an actual out-of-control state, ignoring the possibility of others driving and causing accidents. In fact, Li, who is not qualified to drive, easily got the opportunity to drive because of Hu’s negligence, which led to traffic accidents. All these mean that Hu is at fault, which determines that he must bear the corresponding liability for compensation.