Borrowing and lending a car is a daily routine, not new to us. This activity takes place quite comfortably because many people believe that lending a car to someone else and that person commits a traffic violation, they will have to bear the consequences themselves. However, in the case of that person causing a traffic accident, this thinking is not necessarily correct. LSX Lawfirm will give you an article about: “Handle car owners when lending causes traffic accidents in Vietnam”, as follows:
Legal grounds
Criminal Code 2015
Civil Code 2015
Vehicle causes an accident, does the car lender have to compensate?
There are two main causes leading to traffic accidents that are due to driver error or technical error of the vehicle.
In case of an accident due to a technical fault of the vehicle
According to Clause 1, Article 601 of the Civil Code (BLDS) 2015, motor vehicles are classified as a source of extreme danger. Accordingly, vehicle owners must operate and use; preserve, keep, and transport sources of extreme danger in accordance with regulations.
If the vehicle is traveling on the road and there is an incident such as a brake failure, a tire explosion, etc., which causes an accident, the damage that occurs is determined to be caused by a highly dangerous source. Accordingly, the vehicle owner will have to bear the responsibilities specified in Clause 2 of this Article as follows:
The owner of the source of extreme danger must compensate for the damage caused by the source of extreme danger; if the owner has assigned it to another person to possess and use, this person must make compensation; unless otherwise agreed.
Thus, if the borrower causes an accident, this person must be responsible for compensating. The car owner only has to pay compensation; if the parties have an agreement that the car owner will be responsible even if the car is handed over to another person to use and cause an accident.
In case of an accident due to the fault of the vehicle driver
In case an accident occurs due to the driver’s violation of traffic laws, this driver will have to compensate the damage sufferer according to the provisions of Article 584 of the Civil Code 2015:
Those who commit acts of infringing upon the life, health, honor, dignity, reputation, property; rights and other lawful interests of others, and cause damage, must pay compensation; except for the case in this Code. , other relevant laws and regulations.
Accordingly, if the accident occurs due to the fault of the vehicle driver; this person is responsible for compensating the damaged person. The vehicle owner who lends the vehicle does not have to pay compensation.
Thus, usually, if you lend your car to a friend or relative, causing an accident; the car owner will not have to compensate.
Lending a car causes an accident, can the car owner go to jail?
If the vehicle owner is loaned to an unqualified person to operate a vehicle and causes an accident; the vehicle owner may be prosecuted for criminal liability for the crime of assigning an unqualified person to operate a vehicle participating in road traffic at Article 264 of the 2015 Penal Code; amended and supplemented in 2017.
Accordingly, a person who hands over a vehicle to another person; knowing that he or she does not have a driving license or is in a state of alcohol; or beer use with an alcohol concentration exceeding the prescribed level in his blood or breath; has Using drugs; other strong stimulants or failing to meet other conditions on driving a vehicle to cause damage to other people; the following penalties will be applied:
A fine of between VND 10 – 50 million or non-custodial reform for up to 3 years
If in one of the cases:
- Causing death;
- Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or higher;
- Inflicting injury or causing harm to the health of 02 or more people with the total bodily injury rate of these persons from 61% to 121%;
- Causing property damage from 100 to less than 500 million VND.
A fine of from 50 to 200 million dong or imprisonment from 6 months to 3 years
If the crime is committed in one of the following cases:
- Killing 02 people;
- Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 122% to 200%;
- Causing property damage from 500 million to less than 1.5 billion dong.
Imprisonment from 02 to 07 years
If in one of the cases:
- Causing death of 03 people or more;
- Inflicting injury or causing harm to the health of 03 or more people with a total injury rate of 201% or more of these persons;
- Causing property damage of 1.5 billion VND or more.
In addition, car owners may also be subject to an additional penalty of a fine of between 10 and 30 million VND.
Thus, before lending a car to others, the owner needs to consider carefully about the driver’s license, alcohol use; beer, drug use, other stimulants of the borrower. to avoid the above risks.
You can also refer to the article related to Procedures for vehicle registration for foreigners in Vietnam or Procedures for applying for a car park business license.
Related questions
The act of fraudulently borrowing a car to pledge may constitute a crime of fraud to appropriate property.
To be able to get your car back, you can file a complaint about this friend’s fraudulent act of appropriating property to the district/district police office where the crime occurred.
According to the provisions of the law, you are completely entitled to claim your property, claim compensation for the actual loss of income caused by the infringement, but you need to prove the extent of the damage. the fact that you lose on that infringement.
According to the provisions of Decree 100/2019/ND-CP, fines will be imposed on individuals and organizations that are owners of motorbikes and motorbikes; The car is delivered or let the person who does not meet the conditions specified in Clause 1, Article 58 of the Law on Road Traffic control the vehicle in traffic, including:
Underage driving;
Insufficient health (people who have amputated arms or legs; use drugs; use alcohol, beer,etc.);
– The borrower does not have a driving license or a certificate of training in road traffic law knowledge (including the case where the vehicle driver has an expired vehicle; or is in the period of being deprived of it). usage rights).
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question about: “Handle car owners when lending causes traffic accidents in Vietnam”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
Conclusion: So the above is Handle car owners when lending causes traffic accidents in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
