There's a saying that goes, "A car and a wife should not be lent out."

Recently, Mr. Luo from Chongqing generously lent his car to his friend Miss Qin. Unexpectedly, Miss Qin's driving skills were not proficient enough, and she had an accident at a highway exit, causing the car to overturn and suffer severe damage.

The car was borrowed in the morning and was already unrecognizable by the afternoon. Afterwards, Miss Qin and the car owner Mr. Luo promised to cover all repair costs. However, when they learned that the repair costs amounted to over 50,000 yuan, Miss Qin first replied that she couldn't afford to pay. Later, she even blocked Mr. Luo on WeChat and went missing.

At this point, many readers might wonder: if the car owner has vehicle insurance, will the insurance company compensate for damage caused when the car is lent to someone else? Zhiming lawyers will analyze this for you one by one.

Hello, Mr. Zhiming Lawyer! I lent my car to a friend and there was a traffic accident. How should responsibility be determined in this situation? I'm really worried now!

Zhiming lawyers

Don't panic first. According to Article 49 of the Tort Liability Law: "If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, or similar situations, and a traffic accident occurs where the motor vehicle party is at fault, the insurance company shall compensate within the limits of the compulsory motor vehicle insurance liability. For the insufficient part, the user of the motor vehicle shall bear the compensation liability; if the owner is at fault for the damage, they shall bear corresponding compensation liability." According to the law, when a borrowed car is involved in a traffic accident and the motor vehicle party is liable, the insurance company first compensates within the limits of the compulsory insurance liability. For amounts exceeding that, the vehicle user (the borrower) bears the compensation liability, and the owner no longer bears joint liability. However, if the owner is at fault, they also bear responsibility proportional to their fault. So, what situations constitute the owner's fault?

1. Lending the car knowing the borrower has no driver's license.

2. Lending the car knowing the borrower has consumed alcohol, is drunk, or has taken drugs.

3. Lending the car knowing it is uninsured.

4. Lending the car knowing it has not passed annual inspection and is unfit for driving.

5. Knowingly lending a vehicle that is to be scrapped.

Car owner: So can I understand that as long as I buy car insurance, the insurance company will definitely pay?

Zhiming lawyers

Yes. Vehicle insurance, also known as motor vehicle insurance or car insurance, is a type of commercial insurance that covers personal injury or property damage caused to motor vehicles due to natural disasters or accidents.

The main commercial insurance includes vehicle damage insurance, third-party liability insurance, occupant liability insurance, and full vehicle theft insurance.

Motor vehicle damage insurance covers losses to the insured vehicle itself caused by natural disasters or accidents within the insurance scope, with the insurer providing compensation according to the insurance contract.

Motor vehicle third-party liability insurance covers amounts legally payable by the insured when an accident involving the insured vehicle, driven by the insured or an authorized qualified driver, causes personal injury or property damage to a third party, with the insurance company also responsible for compensation.

Deductible Waiver Insurance

This insurance can only be purchased on the basis of simultaneously insuring vehicle damage insurance and third-party liability insurance.

For insured motor vehicles that have taken out this special insurance and incur compensation due to an insured accident, the insurer is responsible for compensating the deductible amount calculated according to the basic insurance terms within the amount that meets the compensation provisions. In other words, after purchasing this insurance, all losses from vehicle damage insurance and third-party liability insurance will be fully compensated by the insurance company.

　　车主

Now I feel relieved. I thought I would have to bear the compensation liability for the accident! Thank you, Zhiming Lawyer!

Zhiming lawyers

Don't be careless! Since there is a scope of acceptance, there are also cases that are not accepted! Ten situations where car insurance does not pay:

First, accidents caused by towing an uninsured car are not compensated. If the car owner drives while towing a vehicle without third-party liability insurance and collides with another vehicle, bearing full responsibility, the insurance company will not provide any compensation.

2. No compensation for hitting family members. The so-called first and second parties refer to the insurer and the insured (the driver is considered the insured). Anyone other than these is considered a third party. However, in insurance clauses, family members of the insured or driver are excluded from the definition of "third party." Therefore, if a vehicle hits a family member, the insurance company considers it exempt from liability. Similarly, collisions between vehicles under the same company name cannot be compensated through third-party liability insurance.

3. No compensation for privately installed equipment. Many car owners install audio systems, radios, refrigerators, spoilers, or roof racks after purchasing a vehicle. If an accident causes damage to such privately installed equipment, the insurance company will not compensate for it. Owners need to take out separate insurance for their added equipment.

4. No compensation for separate damage to headlights or rearview mirrors. This exemption clause was designed to combat fraudulent claims by certain repair shops. Previously, some repair shops would use replaced damaged headlights or rearview mirrors on other vehicles of the same model to claim compensation. On the other hand, due to this exemption, many car owners may not receive compensation even for unintentional scratches.

5. No compensation for damage caused by items inside the vehicle. If a vehicle is damaged by items loaded in the cabin or on the roof, the insurance company is not responsible for compensation.

6. No compensation if the fully liable party is let go. If a car owner collides with another vehicle and the fault lies with the other party, they cannot give up their right to claim compensation from the other party due to time constraints, inconvenience, or other reasons. Once the owner waives the right to pursue the third party, they also forfeit the right to claim compensation from the insurance company.

7. No compensation for repairs made without prior damage assessment. If a vehicle is involved in an accident in another location, the owner must first have the damage assessed before repairing the car. Otherwise, the insurance company may refuse compensation on the grounds that the loss amount cannot be determined.

8. Damage caused by forcibly restarting the engine in deep water is not covered. If a vehicle stalls in deep water and the driver forcibly restarts the engine, causing damage, the insurance company will not compensate, as the loss is due to improper operation by the driver.

9. Theft of vehicle parts is not covered. If only parts of the vehicle, such as tires or audio equipment, are stolen, the owner must bear the loss themselves.

10. Losses incurred during vehicle repair are not covered. If the vehicle suffers any collision, theft, or other loss while being repaired, the insurance company will refuse compensation, as the repair shop is responsible for properly safeguarding the vehicle.

Therefore, if a friend asks to borrow your car in the future, think carefully. At the same time, be sure to purchase car insurance on time to prevent unexpected situations!

　　车主

Great! Thank you very much, Attorney Zhiming, for your patient answers.

Zhiming lawyers

You're welcome! Feel free to visit Zhiming again anytime for legal consultation or to entrust legal matters.