Xiao Li and Xiao Ming are good buddies. One day, the two of them attended a dinner party with friends. Xiao Li did not drink because he was driving. Xiao Ming drank a few bottles of beer.
Just when we were about to break up, Xiao Ming received a call from his girlfriend. I heard my girlfriend cry and tell me that she had a fight with some aunts while shopping. The aunts were so outnumbered that they actually beat her. Now they are solving the problem at the police station.
When Xiao Ming heard that his beloved girlfriend had suffered a loss, he immediately jumped up from the chair, ran out of the door, ran to the door, and turned back under everyone's shocked eyes. Anxiously, he said to Xiao Li: "Brother, let me lend you your car and go to the police station. Yan Zi was beaten by someone." Upon hearing this, Xiao Li quickly took out the car key and threw it to Xiao Ming, not forgetting to ask questions of concern. : "Do you need me to go with you? How about we call a few more people?" "No, a group of women are fighting!" Xiao Ming said, and he rushed out the door.
Along the way, Xiao Ming drove wildly, and while racing for a yellow light at an intersection, he crashed into an moped belonging to a delivery boy who was also driving fast.
The traffic police arrived at the scene quickly. When they saw Xiao Ming's face was red and smelled of alcohol, they immediately gave him an alcohol test and found that Xiao Ming was driving under the influence. Based on the intersection monitoring judgment, Xiao Ming was fully responsible.
Interpretation of relevant legal knowledge: Article 1209 of the " Civil Code " stipulates: "When the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and a traffic accident causes damage, If it is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall bear the liability for compensation; if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.”
In the story, Xiao Ming borrowed Xiao Li’s machine. If a traffic accident occurs on a high-speed train, you must bear full responsibility. As a user, Xiao Ming is responsible for the infringement of by and is responsible for compensating the loss of the delivery boy.
Xiao Li was also at fault because he knew Xiao Ming had been drinking and lent him his car. He should bear proportional liability within the scope of his fault.
If Xiao Ming can bear all the compensation, then the delivery boy has no right to ask for compensation from Xiao Li. After Xiao Ming has made external compensation for all losses, he can seek compensation from Xiao Li for his share of the fault that he should bear.
If Xiao Ming is unable to bear all the compensation due to various reasons, the delivery boy can request compensation from Xiao Li. When making compensation, Xiao Li only needs to bear the portion that is equal to his fault. He has the right to refuse to bear the excess. For the additional portion that Xiao Li should bear, the delivery boy still has to ask Xiao Ming to compensate.
