Who should pay 1,000 yuan for the crash?

category:Society
 Who should pay 1,000 yuan for the crash?


Recently, Miss Yan (not her real name), a senior at Changsha College in Hunan Province, met with such an embarrassment.

On Dec. 6, she applied for the second subject in Changsha Kaotangling Examination Hall. During the backing-up and storage phase, she dared not step on the brake because she thought she had not finished the exam. A few seconds later, her No. 3 car hit the No. 6 car in front of her. Miss Yan said that the speed of subject 2 was not more than 10 yards, and the collision was not very heavy, but she was asked for 1500 yuan compensation by the examination hall, and her ID card was also seized. After that, after consultation with the coach, the compensation is 1000 yuan. But Miss Yan still has doubts. Should she pay the money herself? She believes that the car in the examination hall should be insured.

On Dec. 10, the reporter contacted the examination room and coach Liu, who led the team, to confirm the fact. But both sides said the matter had been resolved. As for compensation, Coach Liu revealed in his chat with the students that the car is insured, but the examination hall will not apply for insurance, because after applying for insurance, the insurance policy will increase next year.

Afraid of failing the second course of braking

Claim for car crash 1000 yuan

On Dec. 10, Miss Yan broke the news on Xiaoxiang Morning Posts microblog. Four days ago, she took the second subject in Changsha Kaotangling Examination Center, but she encountered a very embarrassing scene - she collided with the car in the same examination room. Afterwards, the examination room seized her identity card and demanded compensation of 1500 yuan. After negotiation, the examination room recovered her identity card for 1000 yuan.

Ms. Yan recalled that she was taking the backing up into the garage project in Subject 2. During the examination process, the No. 3 test car she was driving had not been fully driven out and the voice did not prompt her to enter the next item. Although the required action had been completed, she dared not step on the brakes, fearing that the exam would be recorded as unqualified, but she also crashed into the No. 6 exam car in front of her. Press the brake to drive, then the car is not more than 10 yards, the speed is very slow.

Ms. Yan said that after the crash, she and No. 6 continued to drive. After passing the exam, the staff came to confiscate her ID card and demanded compensation.

Liu coach, who went to the examination hall with Miss Yan, said that Miss Yan had already completed the examination for Subject 2, but thought she hadnt finished it, so she never put on the brakes. But in fact, she could put on the brakes. In addition, Coach Liu said that at that time, the No. 6 vehicle had completed the project, parked in front of the No. 3 vehicle, driving by Miss Yan, hit the rear and tire. Later, he checked the crash damage of two cars, of which three were damaged by No. 6 and one by No. 3.

The person in charge of the examination hall immediately said that one damaged place was compensated for 500 yuan, and through Coach Liu, she claimed 2000 yuan from Miss Yan. But after coach Lius negotiation, he finally reached a compensation of 1000 yuan. Coach Liu stressed that the two sides had settled the matter through consultation and agreement at that time. Then the reporter called the examination room, the other party first denied the matter, and then said that she had called Miss Yan, but she did not answer. Then hang up on suspicion of journalism.

The coach revealed that he had car insurance.

The examination room will not be reported.

Miss Yan said that after the crash, her brain had been very confused. After the claim for ID card was seized, she paid a compensation of 1000 yuan. But after that, she learned from her classmates that the indemnity was not reasonable. The car of driving school should be insured. Why did she have to bear most of the indemnity? Later, Miss Yan repeatedly broke the news on her microblog. One of the screenshots of her and her coach showed that the coach said that the crashed vehicle was insured, but the examination hall would not apply for auto insurance, because after applying for auto insurance, the insurance will increase next year.

Coach Liu also said that both sides were responsible for the collision, although it was in the examination room, but Miss Yan could choose not to collide. According to the coach, before the exam, the examination hall has trained the trainees. If the car crashes, they need compensation. But this matter was denied by Miss Yan.

One student and two coaches

Who is responsible?

For the claim, Xiaoxiang Morning News reporter through consultation with lawyers, learned that it can be settled through consultation between driving school and examination room, but for Miss Yan, the matter is even more embarrassing.

Miss Yan disclosed that a few months ago, she wanted to learn how to drive, so she found a nearby Furong driving school, paying more than 4000 tuition fees, but the coach delayed several times and did not teach according to the agreement. So not long ago, Miss Yan, through her classmates, found another coach Liu from Falcon Driving School. She paid 1600 yuan to study subjects 2 and 3. After a short study, coach Liu led her team on December 6 and took part in the examination of subjects 2. Miss Yan feels that she can certainly know the driving school through the computer system when she takes the exam, but she has never been contacted. Now, she can not deal with the original driving school.

On Dec. 10, the reporter dialed the phone of Fenglong Driving School. President Yang said that when crashing into a car while learning, it may take part of the responsibility, but it is by no means the main responsibility. He believed that the compensation of 1,000 yuan has been recognized as the main responsibility. After that, he would negotiate the matter on his own and give the students an account within two days.

Another Falcon drivers school coach said that when he crashed the coach car during the study and examination, he should not be liable for compensation.

Lawyers statement

Yang Yaqiong, a lawyer from Hunan Hongyi Law Firm, said that the trainees went to the driving school to learn driving skills and paid the learning fees. The two sides established a technical training contract relationship. As a training institution, the driving school should conduct technical training for trainees in accordance with the contract and legal provisions, meet the assessment criteria, and ultimately obtain driving funds. Lattice.

The driving school arranges the trainees to take the second examination of the subject. During the examination, the trainees are too nervous to have accidents, resulting in vehicle losses. According to Article 7 of the Judicial Interpretation of the Supreme Peoples Court on Trial of Cases of Compensation for Damage Caused by Road Traffic Accidents, Personnel trained in motor vehicle driving shall drive motor vehicles during the training activities. If the party concerned requests the driving training unit to bear the liability for compensation, the peoples court shall support the stipulation that the driving school shall be liable for the losses caused by the trainees in the training process. Article 4, paragraph 1, of the Regulations of the Peoples Republic of China on the Training and Management of Motor Drivers stipulates that in the training stage of motor vehicle drivers, the application for registration from trainees to trainees shall be applied for until the certificate of completion of motor vehicle driver training of the Peoples Republic of China is obtained. Therefore, the trainees shall still take into account in the driving examination process. For the training stage. Therefore, the driving school should be responsible for the loss caused by the accident of driving a motor vehicle during the driving test. In the case that the students have certain faults, the driving school and the students should determine the share of responsibility according to their respective faults. Lawyer Yang Yaqiong believes that the responsible driving school in this case is the Furong driving school which has signed a contract with Miss Yan. Source: Xiaoxiang Morning News Responsible Editor: Wang Zheng_N7526

The driving school arranges the trainees to take the second examination of the subject. During the examination, the trainees are too nervous to have accidents, resulting in vehicle losses. According to Article 7 of the Judicial Interpretation of the Supreme Peoples Court on Trial of Cases of Compensation for Damage Caused by Road Traffic Accidents, Personnel trained in motor vehicle driving shall drive motor vehicles during the training activities. If the party concerned requests the driving training unit to bear the liability for compensation, the peoples court shall support the stipulation that the driving school shall be liable for the losses caused by the trainees in the training process.

Article 4, paragraph 1, of the Regulations of the Peoples Republic of China on the Training and Management of Motor Drivers stipulates that in the training stage of motor vehicle drivers, the application for registration from trainees to trainees shall be applied for until the certificate of completion of motor vehicle driver training of the Peoples Republic of China is obtained. Therefore, the trainees shall still take into account in the driving examination process. For the training stage. Therefore, the driving school should be responsible for the loss caused by the accident of driving a motor vehicle during the driving test. In the case that the students have certain faults, the driving school and the students should determine the share of responsibility according to their respective faults.

Lawyer Yang Yaqiong believes that the responsible driving school in this case is the Furong driving school which has signed a contract with Miss Yan.