[Direct answer]Generally, they shall bear joint and several liability. Article 121 of the Civil Code of the People's Republic of China stipulates that if a motor vehicle engaged in road transport operations in the form of subcontracting causes damage in a traffic accident and the responsibility lies with the motor vehicle, the subcontractor and the contractor shall bear joint and several liability. That is to say, if the actual owner of the vehicle (the subcontractor) subcontracts the vehicle under the name of a transportation enterprise, and once an accident occurs and it is the responsibility of the vehicle, the victim can request the subcontractor and the contracted enterprise to compensate jointly; the contracted enterprise shall not refuse on the grounds that "the vehicle is not mine, it's just subcontracted". After the contracted enterprise makes compensation, it may recover the compensation from the subcontractor in accordance with the provisions of the subcontracting agreement. In addition, if the contracted enterprise has management negligence, it may also bear corresponding responsibilities internally.

I. Problem background and typical scenarios

In order to obtain an operating qualification, individual car owners often register their trucks and buses under the name of transportation companies and pay management fees to the companies. When a vehicle causes damage to others in an accident, the victims often do not know about the registration relationship and directly sue the registered car owners or transportation companies. However, the registered companies argue that they are only nominal owners and should not bear responsibility. Such disputes are very common in the freight and passenger transportation fields.

II. Key points of contention

First, the identification of the subcontracting relationship. Second, the scope of application of joint and several liability. Third, the right of recourse of the subcontractor. Fourth, the impact of the subcontractor's management negligence. Fifth, how the victim lists the defendants.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer explained it from two aspects: liability basis and practical operation. Firstly, regarding the determination of subcontracting: whether there is a subcontracting relationship is usually judged by evidence such as the registration of the vehicle, the use of the operating qualifications, the payment of management fees, and the driving licenses and insurance policies. Although the agreement between the two parties is an important basis, the external liability cannot be exempted by internal agreements. Secondly, regarding joint and several liability: the law stipulates that the subcontractor and the subcontractee bear joint and several liability, and the victim can claim full compensation from either party. The subcontracted enterprise cannot use the internal subcontracting agreement to resist the victim's request. Thirdly, regarding internal recourse: after the subcontractee compensates the victim externally, the subcontractee can recover the compensation from the subcontractor according to the subcontracting agreement. If there is an agreement on liability sharing, the liability shall be determined according to the agreement; if there is no agreement, the liability shall be dealt with comprehensively based on the fault and the agreement. Fourthly, regarding management negligence: if the subcontractee is negligent in the management of the vehicle and the driver's qualifications and safety, the subcontractee may bear a heavier share of the external liability and even face administrative liability. Fifthly, regarding practical points: when the victim sues, the subcontractor and the subcontractee should be listed as defendants together, and the operating licenses, payment records of management fees, etc. should be submitted to prove the subcontracting relationship; the subcontracted enterprise should keep the subcontracting agreement, management records, and insurance materials to claim recourse and allocate internal responsibilities. When handling such cases in Beijing, the court will focus on reviewing the operating qualifications and the facts of subcontracting.

IV. Practical suggestions and legal basis

Action suggestions: First, the victim should identify the subcontracting relationship and list the defendants together; Second, keep evidence such as the operating license, management fee receipts, and insurance policies; Third, the subcontracted company should improve the subcontracting management and safety review to reduce risks; Fourth, after compensation, the victim can seek reimbursement from the subcontractor according to the agreement. For cases involving traffic accidents and personal injuries, you can refer to the relevant provisions of the Road Traffic Safety Law and other laws and regulations.Personal injury and medical disputesFor matters involving transportation contracts and corporate responsibilities, you may refer to the following documents for reference:Business and contract disputes in enterprisesLegal basis: Articles 1,211,1,208, and 1,168 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), and the relevant provisions of the Road Traffic Safety Law of the People's Republic of China. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the party who hires out the vehicle and the party who is hired out by him shall bear joint and several liability for the accident. Secondly, the internal agreement cannot be used to oppose the victim. Thirdly, after the enterprise being hired out by him compensates the victim, it may seek recourse from the party who hires out the vehicle. Fourthly, improving the management of vehicle hiring out can reduce the risk. For cases involving accidents and compensation involving vehicles hired out, the following measures can be taken:Personal injury and medical disputesThe service provides a comprehensive solution, which involves the integration of enterprise transportation and contractsBusiness and contract disputes in enterprisesFor more information on insurance claims, please refer to the relevant section\nFinancial capital and cross-border transactions involving foreign entities.For any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: The car is just registered under another company's name. Does the company still have to compensate me?

Yes. If a motor vehicle engaged in road transport operations under the guise of being affiliated with another company is involved in an accident and the responsibility lies with the party to which the vehicle is affiliated, the affiliated party and the party being affiliated with shall bear joint and several liability. The company cannot refuse to compensate on the grounds that it is only the nominal owner of the vehicle.

Q2: How to prove the existence of a subcontracting relationship?

You can submit vehicle registration information, operating permits, proof of payment of management fees, affiliation agreements, insurance documents, and materials showing the relationship between the driver and the company. These evidences are used to prove the operational benefits and the nominal ownership.

Q3: Can I recover the money after the company being "hooked" compensates me?

The party relying on the affiliation agreement can seek compensation from the affiliated party; if the agreement stipulates the sharing of responsibilities, the provisions of the agreement shall prevail. If the affiliated party is unable to bear the responsibility, the affiliated enterprise may bear the final losses. Therefore, it is necessary to strengthen risk control beforehand.

Q4: Who should the victim sue?

It is recommended to list both the person being attached and the enterprise being attached as defendants, which is conducive to clarifying the relationship and claiming joint and several liability. The insurance company may also be added as a defendant, with the compulsory motor vehicle liability insurance and commercial insurance being paid first.

Q5: What will happen if the company commits a management error?

If there are faults in the qualifications of the vehicles and drivers, or in safety management, they may bear a greater share of responsibility and face administrative penalties. Regulating the management of subcontracting and reviewing qualifications are necessary risk prevention measures.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.