Southeast Asia Information Port News (www.dnyxxg.com) – On November 9th, the Supreme People's Court released a draft interpretation (II) on several issues concerning the application of law in handling traffic accident liability disputes, soliciting public opinions. This judicial interpretation aims to address issues such as "door-opening accidents" and personal injury to the motor vehicle party in traffic accidents involving electric bicycles and motor vehicles. The deadline for submitting opinions is November 15th.
The draft interpretation stipulates that when the owner/manager and user of a motor vehicle are not the same person due to leasing, borrowing, or other circumstances, and a traffic accident occurs causing harm to others, and the accident is the responsibility of the motor vehicle party, and the owner/manager of the motor vehicle is also at fault for the occurrence of the damage, and the injured party jointly requests the user and the owner/manager of the motor vehicle to bear tort liability, the user of the motor vehicle who caused the damage shall bear all the liability that the tortfeasor should bear. The owner/manager of the motor vehicle shall bear joint liability with the user of the motor vehicle within the scope of their fault, but the total compensation actually paid by the liable parties shall not exceed the amount of loss that the injured party should receive.
The draft for public comment also stipulates that if a passenger opens a car door, causing injury to another person, and the injured party claims that the passenger's liability lies with the motor vehicle, and requests compensation from the insurer of compulsory motor vehicle traffic accident liability insurance within the liability limit, or from the insurer of commercial motor vehicle third-party liability insurance according to the insurance contract, pursuant to Article 1213 of the Civil Code, the People's Court should support this claim. However, if the insurer claims it is not liable to the injured party on the grounds that the passenger is not the insured or their authorized driver, the People's Court will not support this claim.
The draft also proposes that if an electric bicycle and a motor vehicle are involved in a traffic accident causing personal injury to the motor vehicle party, and the motor vehicle party has evidence proving the electric bicycle party's fault and claims the electric bicycle party's liability, the People's Court should comprehensively consider factors such as the degree of fault of the parties, the consequences of the damage, and the degree of danger of the vehicles involved in the accident.
The draft also includes provisions for accidents involving non-commercial motor vehicles causing injury to gratuitous passengers, and accidents involving motor vehicles engaged in road transport operations under affiliation. The Supreme People's Court welcomes valuable opinions from all sectors of society and requests that specific reasons be given when submitting opinions and suggestions. Written opinions can be sent to: Bo Caixia, First Civil Division, Supreme People's Court, No. 27 Dongjiaomin Lane, Dongcheng District, Beijing, 100745, or emailed to mytlaw@163.com.
