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The Maybach car crash with a series of motorbikes: Are car owners and apartment owners involved?

Monday, May 30, 2022 05:00 AM (GMT+7)

Regarding the Mercedes Maybach car crash with a series of cars in the basement at the 6th Element apartment building (Tay Ho district, Hanoi), what is of interest to many people is who has to compensate for the damage? In addition to determining the responsibility of the security guard, are the apartment owners and car owners jointly responsible?

The Maybach car crash with a series of motorbikes: Are car owners and apartment owners involved?  - first

The scene of the Mercedes Maybach S560 car hitting a series of motorbikes, causing serious consequences

According to initial information, the owner of the Mercedes Maybach S560 when driving to the 6th Element apartment building assigned a security guard who was the shift leader to drive the car into the parking spot, but this person did not have a driving license. The car then lost control and crashed into a number of vehicles in the basement of the building.

The accident left one person injured, the Maybach car was damaged, 17 electric motorbikes, one petrol motorbike and 2 parking control booths of the building were damaged.

Because this is a serious accident, causing quite a lot of property damage and leaving one person injured, to determine the legal responsibility of the individuals involved, the authorities will clarify the issues. such as the fault of the driver, the value of the damaged property or the extent of the victim’s injuries – Lawyer Le Hong Van – Hanoi Bar Association said.

If the verification results show that the driver (security) does not have a driving license, does not control the speed, leading to an accident, causing property damage of 100 million VND or more or causing injury to the victim. with a score of 61% or more, this person may be examined for penal liability for the crime of Violation of regulations on driving road vehicles.

Article 260 of the 2015 Penal Code clearly states that a person who participates in road traffic violates regulations on road traffic safety and causes damage to others in one of the following cases: Inflicting injury or causing harm to health of 1 person with an injury rate of 61% or more; Causing property damage from 100 to less than 500 million dong, etc., they shall be subject to a fine of from 30 to 100 million dong, to non-custodial reform for up to 3 years or a prison term of 1-5 years.

With framing circumstances without a driver’s license as prescribed, the driver of the vehicle that causes the accident may be prosecuted for liability according to Point a, Clause 2 of this Article with a penalty of 3-10 years in prison. If property damage is from 1.5 billion VND or more, the applicable penalty frame will be 7-15 years in prison.

In addition, according to the 2015 Civil Code, violators must also compensate for all property damage and damage to their health infringed upon the injured person caused by their fault.

According to Article 601 of the 2015 Civil Code, vehicles are considered as a source of extreme danger. Owners, possessors and users of highly dangerous sources must compensate for damage even when there is no fault, except for cases where the damage is caused entirely by the fault of the second aggrieved person; Damage occurs in case of force majeure and emergency situations. Liability for damages will include:

Damage caused by infringing property; Damage caused by infringing health (reasonable expenses for the treatment, fostering and restoration of health and lost or reduced functions of the aggrieved person; Actual lost or reduced income; of the aggrieved person…).

In addition, the person responsible for indemnification must pay another sum to compensate for the mental loss that he or she has suffered.

The compensation must comply with the principle: Actual damage must be fully and timely compensated. The person responsible for compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great for his or her economic ability.

When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent State agency to change the compensation level. When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the part of the damage caused by its fault.

Regarding the responsibility of the Maybach car owner, Lawyer Hong Van said that the authorities will clarify this person’s relationship with the security guard, verifying whether this person knows about the guard who does not have a driver’s license or not. . If this person knows but still intentionally hands over the vehicle, he may be prosecuted for criminal liability for the crime of handing over unqualified persons to operate vehicles participating in road traffic according to Article 264 of the Penal Code 2015.

Depending on the value of the property damaged, the maximum penalty for this crime can be up to 7 years in prison (if the damage is VND 1.5 billion or more). In addition, the vehicle owner and the male security guard will have to jointly compensate the victim and vehicle owners for damage according to regulations.

In case there are enough grounds to believe that this person does not know well or the security guard lied to be able to drive, has a driver’s license, is allowed to drive the passenger’s car into the parking space, the person delivering the car will not be handled and will not be prosecuted. the right to request the driver of the vehicle that caused the accident to compensate for all damage.

As for the responsibility of the investor, the building management unit, if in the contract signed with the security guard there is a clause stipulating that this person is responsible for driving the customer’s car to the parking spot in the basement but not carefully check whether the employee has a driver’s license or not, this unit must also be jointly responsible for compensation for damage.

If the contract does not stipulate that the security guard can receive the key to control the customer’s car, this person must bear full responsibility for the accident he caused – Lawyer Hong Van emphasized.

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