Research On The Responsibility Identification In Traiffc Accident By Rental Car

Car rental industry is an emerging industry in the late1990s. This industry develops rapidly in recent years because of its good market prospects. Although the car rental brings a lot of convenience for traveling, it produced a series of social problems at the same time. Especially when the traffic accident happened in the process of car rental, liability problem become very outstanding because of the lack of corresponding legal policy specification and protection. There are no special provisions about the liability subject of damage compensation in rental vehicle accident in our current laws and regulations. This leads to many different views on a series of issues, such as whether or not the car rental company should bear the responsibility, how much responsibility should be taken by car rental company, how to bear the responsibility and so on.This paper claims that the recognized principles of liability subject in rental car accidents should be clear at the first time. According to the spirit of the “binary theory” and relevant judicial interpretations, in motor vehicle traffic accident, the liability subject for compensation should be the person who has the controlling power of the motor vehicle and obtain profit from operation of motor vehicle running. Then, base on the recognized principles of liability subject, who is the real rights owner of "operational interest" and "running control" between the lessee and the lessor in car rental was discussed. The meaning of "run control" and "run interests" involved in the rental car traffic accident should be understood in essence. During the car rental, the lessee is the actual controller of the rental car and also the essential owner of the "operating interest". As a result, the liability subject should be the lessee in the rental car traffic accident case. However, if the lessor has fault in the process of car rental, the joint and several liability should be taken by lessor.In real life, the lease car was often rented to a third person by lessee.At the same time, many private car were affiliated to the leasing company in order to realize the maximization of interests. It is also a issues should be discussed that how to bear the responsibility in such a complex case.This paper argues that, in the case of the sublease, legal sublet and illegal sublease should be distinguished. In the case of legal sublet, the lessee only bears the responsibility based on the car damage and loss cause by sub-lessee. In the case of the illegal sublease, the lessee should be responsible for all losses of sublet car.In addition, in the case of private car were affiliated to the leasing company, although the owners of cars purchased motor vehicle insurance, Insurance companies tend to advocate car rental properties changed to not pay for it In the realistic insurance claims.At the end of this paper, the standard for identifying the liability subject of rental car traffic accident was defined. It has very positive meaning to solve the traffic accident correctly disputes. It is helpful to create a good traffic environment, promote the development of social economy; It is helpful to properly resolve disputes, promote social harmony and stability; It is helpful to improve and perfect the legal system, promote social progress.