Source: Typical cases of Jiangxi court’s implementation of civil code in 2021. This article is transferred from the Supreme Law

A case of applying Article 1217 of the Civil Code to mitigate the driver’s liability for compensation under the circumstance of “riding with good intentions”

——Li Mousheng v. Li Moufa, Wu Mouhui and other motor vehicle traffic accident liability disputes

I/Basic Case Li and Wu are friends for many years, both of whom work in the same company. Li often takes Wu’s two wheeled motorcycle to and from work. Wu does not charge Li any fees. On June 2, 2020, Wu Mouhui drove a motorcycle to pick up Li Mousheng on his way to work, and collided with the heavy semi-trailer tractor driven by Li Moufa, resulting in a road traffic accident in which Li Mousheng and Wu Mouhui were injured and the two vehicles were damaged to varying degrees. The traffic police department determined that Li Moufa was mainly responsible for the accident, Wu Mouhui was secondary to the accident, and Li Mousheng was not responsible for the accident. After the accident, Li Mousheng was sent to the hospital for treatment, resulting in a total of 441859.25 yuan in medical expenses and other losses. II/Judgment result The People’s Court of Nancheng County held that in this case, Li Moufa was mainly responsible for the traffic accident, Wu Mouhui was secondary, and Li Mousheng was not responsible for the accident. Li Moufa is responsible for 70% of Li Mousheng’s loss and Wu Mouhui is responsible for 30% according to the proportion of accident liability. Since Wu Mouhui carried Li Mousheng in a friendly act of “good intentions to ride together”, and Wu Mouhui’s act did not constitute intentional or gross negligence, his liability for compensation should be reduced according to Article 1217 of the Civil Code, so it is decided that Wu Mouhui should reduce 40% of his liability for compensation on the basis of his liability for compensation. After the loss of Li Mousheng deducting 60000 yuan borne by the insurance company within the limit of compulsory traffic insurance, Wu Mouhui shall bear 68734.7 yuan [(441859.25 yuan – 60000 yuan) × 30% × (1-40%)], the balance shall be borne by the insurance company (commercial insurance) and Li Moufa. The court finally decided that Wu Mouhui should pay Li Mousheng 68734.7 yuan. After the judgment was pronounced, neither the plaintiff nor the defendant appealed, and the judgment has become effective

“Good intentions to ride together”, commonly known as free riding, refers to the behavior that drivers allow others to ride for free based on good intentions and mutual assistance or friendly help. As a kind of friendship behavior that is not for profit and is kind enough to give benefits, “good intentions and sharing” conforms to the core socialist values of friendship and harmony, and is worth advocating and encouraging. It is common in real life that the disputes caused by the damage of passengers caused by traffic accidents in “good intentions” are common. Article 1217 of the Civil Code stipulates that if the damage caused to the free passenger by a traffic accident of a non operating motor vehicle is the responsibility of the motor vehicle, its liability for compensation shall be reduced, except that the user of the motor vehicle has intentional or gross negligence. This provision clarifies the responsibility of “good intentions to ride together” and provides a legal basis for good intentions drivers to reduce their responsibilities appropriately. In this case, Wu Mouhui’s free carriage of Li Mousheng was a “well intentioned ride” behavior. Wu Mouhui did not have intentional or gross negligence in this accident. The court decided that Wu Mouhui should reduce his liability for compensation by 40% on the basis of his liability for compensation according to the above provisions, which not only protected the rights and interests of the victims, but also promoted the social trend of good and mutual assistance, contributing to social harmony and stability