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there is subjective fault

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  • Started 10 years ago by mkdvd685673

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  1. <br>90 guy Qianmou not obtaining a driving license, he was in Nanjing Yuhuatai Area luxury cars 4S shop, with forged driver's license to test drive a car worth more than 1.7 million of the Porsche Carrera sports car. Results Qianmou speed of 80 kilometers per hour near the Yuhuatai a unilateral accidents, resulting in a serious car crash. Qianmou behavior can not lead to the 4S shop insurance claims. Who will bear the huge loss? 4S stores will Qianmou taken to court for compensation.<br> <br>Yuhuatai District People's Court twice ruled that the defendants appealed to the Intermediate People's Court. After recently upheld the trial judge Qianmou compensation 4S shop 88 million yuan. Correspondent Yu RESEARCH<br> <br>Yangzi Evening News all media reporter<br> <br>Ren Guoyong<br> <br> <br> <br>Incident<br> <br> <br> <br>Test drive one million sports car, after the accident prevarication<br> <br>Last May, the day Qianmou friends YuanMou driving a Porsche Cayenne car from Xuzhou, Nanjing Yuhuatai Area home to high-end auto 4S shops to Cayenne car maintenance. Qianmou while waiting for a Porsche Carrera 4S shop interested in sports, made a test drive. 4S shop staff asked him to show his identity card, driving license, review and copy on file. Staff found Qianmou photo ID and driver's license agreement, but the identity information is inconsistent. Qian explained that he is the first driver's license, ID card information is subsequently changed. 4S shop staff listened to explain that there was this possibility,http://www.postyourshavedpussy.com, plus they think Qianmou are driving their own vehicles to maintenance of vehicles, driver qualification and vehicle capacity should be no problem, so the store on a card just to register soon, with only Porsche 900 kilometers to a few of his test drive, the car's naked price is 174 million yuan.<br> <br>At that time the store was equipped with a paternity after driving to explain,tn reuqin pas cher, by the Qianmou test drive. When two o'clock in the afternoon, the Porsche sports car driving to a T-junction Jinyang Street uphill sections, rammed into the main part of serious crash, but fortunately did not hit a pedestrian or other vehicle accident for money full responsibility for a unilateral accident. After the incident 4S shop requires Qianmou help deal with insurance claims and subsequent compensation issues, Qianmou been prevarication. Nanjing police about him taking note,tn reuqin pas cher, he has been not show up.<br> <br>Driving without a license,http://www.noshironet.jp/bbs2/light.cgi?res=43, the insurance company exclusions<br> <br>According to reports, the accident of the Porsche sports car is purchased full insurance, under normal circumstances, such an accident, the insurance company will bear the maintenance costs.<br> <br>But the traffic police check found Qianmou driver's license was forged, he had no driving license, so his behavior can not lead to the 4S shop insurance claims, resulting in huge economic losses 4S shop. 4S shop by price department of Nanjing traffic police to identify the vehicle up to the amount of direct losses over 750,000 yuan, and the vehicle after the accident seriously devalued.<br> <br>4S stores will do this Qianmou taken to court, requesting the court to order the defendant to compensate the plaintiff Qianmou vehicle damages more than 750,http://www.kansaikai.jp/bbs/light.cgi?res=645,000 yuan, vehicle damage assessment costs more than 37,000 yuan, the depreciation of the vehicle and the loss of over 180,000 yuan devaluation losses of more than 10,000 appraisal fees yuan,http://kaito1412.com/kid/bbs/apeboard_plus.cgi?command=viewres&target=801162/, litigation costs borne by the defendant.<br> <br>Grounds of decision<br> <br> <br> <br>1 as the defendant failed to return the car, liable for breach<br> <br>Qianmou defendant had a test drive in the guarantee agreement signed exemption, the exemption expressly guarantee agreement, the signatory agrees to bear all the losses that may arise from the above activities on their own, damage or personal injury, and dispense 4S shop of any liability related to this in the case of 4S shop to provide a vehicle,scarpe hogan online,http://shequ.1000new.com/forum.php?mod=viewthread&tid=1391972, the undersigned agree after the event, as will the vehicle be returned to the Released parties 4S. The court held that based on the evidence and the parties to the agreement disclaimer statement like, the original defendant identified test drive the service contract between the objective existence of the agreement they signed disclaimer is part of the service contract. As stipulated in the agreement on the return of the vehicle is not invalid provision, the defendant shall perform Qianmou.<br> <br>Trial, Qian had admitted in court that he did not obtaining a driving qualification. Qianmou knowing that he has no driving license is still required to test drive the vehicle,http://www.kitasuma.com, and to provide the plaintiff to obtain false driver's license test drive opportunity, breach of trust, there is subjective fault, after the agreement is not in accordance with the vehicle as it returned,http://www.fishinfo.com, the defendant should bear the liability, losses resulting from breach of contract should be compensated.<br> <br>2 there is a security problem no evidence test drive route<br> <br>The defense argued that the plaintiff should ensure the safety test drive route, the road test drive for the T-junction,http://www.poney.jp, is obviously not suitable for high-end sports car with a test drive.<br> <br>The court held that there is a security problem because there is no evidence to prove the test drive route, the court shall not be accepted.<br> <br>3 The plaintiff reviewing test drive qualified negligence,scarpe hogan online, bear responsibility for 10%<br> <br>The defense said the defendant although no disqualification, but the plaintiff services available to test drive serious mistakes, find the defendant driver's license and ID card does not match the information is still allowed to drive.<br> <br>The court held that the plaintiffs accused of negligence in the review of qualification test drive the vehicle without a driver's qualification to the defendant driving, causing damage to the vehicle occurs. Discretion of the court the plaintiff to bear 10 percent responsibility. The court found the plaintiff for losses totaling 98 million yuan,louboutin soldes pas cher, the defendant should compensate the plaintiff Qianmou 88 million yuan.<br> <br>The defendant appealed to the Intermediate People's Court, after hearing, Court recently upheld the original verdict. (The text the surname of surname)<br><br>

    Posted 10 years ago #

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