[Direct answer]In the Beijing area, the main responsibility lies with the driver, and leasing companies generally do not compensate for you. If an accident occurs during self-driving, the motor vehicle user (the leased driver) shall bear the liability for compensation; the leasing company, as the lessor, shall only bear responsibility in two situations: if the vehicle has defects and the defects are one of the causes of the accident, or if the leasing company knowingly leases the vehicle to a driver without qualifications (Article 1209 of the Civil Code of the People's Republic of China). The order of compensation is compulsory insurance, commercial third-party liability insurance, and the infringer's self-bearing responsibility. The leasing company's insurance is the main channel for accident compensation, and the differences between vehicle damage and third-party compensation should be clearly distinguished.

1. Problem background and typical scenarios

During a self-driving trip by car rental during holidays, if you scrape someone else's luxury car, the rental company may say, "If you've purchased no-fault insurance, you don't need to compensate." There are also cases where renters hit people, and the other party sues the rental company as a defendant. The rental company claims, "The car has been handed over, and it's nothing to do with us." The liability structure of car rental accidents involves three parties - the driver, the rental company, and the insurance company, each responsible for their own part. If the discussions are mixed together, it's easy to be misled by the rental company's rhetoric.

II. Key points of contention

First, the allocation of responsibilities when all individuals are separated from the users. Second, the indemnity clauses and insurance structures of the lease contract. Third, the two lines of vehicle damage and third-party compensation. Fourth, the exceptional circumstances in which the leasing company bears responsibility.

III. Professional analysis by Henglue Lawyers

First, the statutory allocation of responsibilities of the responsible parties: According to Article 1209 of the Civil Code of the People's Republic of China, if a traffic accident involving a leased vehicle results in damages and the responsibility lies with the vehicle owner, the vehicle user shall bear the compensation liability; if the vehicle owner or manager is at fault for the occurrence of the damages, they shall bear corresponding compensation liability - in the car rental scenario, the user is the lessee-driver, and the accident responsibility is generally borne by him/her; two typical cases of the lessor's liability for faults: knowing that the vehicle's braking system is malfunctioning but still leasing it (vehicle defects), and knowing that the lessee does not have a driving license but still delivering the vehicle (negligence in qualification review) - in this case, the leasing company shall bear corresponding compensation liability according to the degree of fault. Second, insurance structure and compensation order: Accident compensation proceeds in turn through compulsory insurance (liability-free compensation within limits), commercial third-party liability insurance (according to liability ratio), and the remaining part is borne by the driver - leasing companies usually insure their vehicles with compulsory insurance and commercial insurance, and lessees can optionally purchase waiver services (no-claims protection, scratch insurance, etc.); the key distinction is the two compensation lines: personal and property damages to third parties are covered by compulsory insurance and third-party liability insurance, and vehicle damage to the leased vehicle itself is covered by vehicle damage insurance and waiver services - the common misconception that "buying no-claims protection means not compensating for hitting someone" is incorrect. No-claims protection applies to vehicle damage, and the lessee still bears the liability for massive third-party compensation when the third-party liability insurance coverage is insufficient. Third, exemption clauses and contract review: Clauses such as "full compensation for vehicle damage" and "lessee shall bear the loss of vehicle downtime" in leasing contracts require case-by-case review of their validity - unreasonable standard clauses that aggravate the lessee's liability can be claimed to be invalid (Article 497 of the Civil Code of the People's Republic of China), but reasonable provisions for compensation for vehicle damage caused by the lessee's fault are valid; check three items when signing the contract: insurance coverage and amount (is the third-party liability insurance sufficient?), coverage of waiver services, and accident handling procedures and advance payment arrangements; inspect the vehicle condition and take photos when picking up the vehicle to clarify the historical boundaries of vehicle damage responsibility. Fourth, post-accident action sequence and claim path: Report and determine liability (the traffic management department's liability determination is the basis for compensation allocation), promptly notify the leasing company and insurance company (delayed reporting may trigger insurance refusal), and preserve the injured party's treatment and advance payment receipts; as the victim of a third party, the claim targets are insurance, the driver, and the leasing company with faults; vehicle downtime losses are the leasing company's losses, not your compensation exemption - review the reasonableness of the agreement to pay the rental during vehicle repair. For long-distance or off-road snow trips, confirm insurance coverage before departure (some policies exclude specific regions or off-road scenarios).

IV. Practical suggestions and legal basis

The first step is to verify the driver's license requirements and the vehicle insurance structure when renting a car, and to supplement the protection according to the itinerary. The second step is to pick up the car, inspect it, and take photos. Review the exemption clauses in the contract item by item. The third step is to report the accident to the police, determine the responsibilities, and notify the insurance company and the leasing company immediately. The fourth step is to negotiate compensation based on the liability determination letter and the loss receipts, and to resolve disputes through litigation. The main legal basis includes Article 1209 and Article 497 of the Civil Code of the People's Republic of China, Article 76 of the Road Traffic Safety Law of the People's Republic of China, and the "Provisions of the Supreme People's Court on the Application of Law in the Trials of Cases of Damage Compensation for Road Traffic Accidents" (amended in 2020); the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points about car rental accidents: Liability lies with the driver, and the rental company is only responsible when the car has defects or the driver is at fault; Memorize the order of compulsory insurance, third-party liability insurance, and self-insurance; Check the contracted insurance types and exemption clauses before signing; The speed of reporting the accident after the incident determines the success or failure of the insurance claim. For matters involving traffic accident compensation, you can consultPersonal injury and medical disputesAfter obtaining a comprehensive solution for the service, those involved in insurance claim denial disputes can cooperate with each other.Business and contract disputes in enterprisesFor reference, you can check the review of the vehicle leasing contract in the section on contractsReal estate transactions and construction projectsFor those interested in corporate vehicle management compliance, you can follow this columnIntellectual property protection and corporate lawFor specific fields requiring customized solutions, please feel free to consult us for more details.Special services.

VI. Frequently Asked Questions

Q1: Can the leasing company shift the responsibility for the accident compensation to me alone?

It's basically acceptable. The principle is that the driver is responsible for the accident. Unless you can prove that the vehicle has defects or that the rental company knew you didn't have a driving license, the rental company will not be held responsible and will only cooperate with the insurance company to handle the compensation.

Q2: Does the no-fault insurance service cover third-party compensation?

No. The deductible service mainly addresses the deductible amount for the rental vehicle's own damage, while third-party personal and property compensation is still handled in the order of compulsory insurance, third-party liability insurance, and self-insurance.

Q3: If I hit someone while borrowing a friend's car, is the car owner liable for the accident?

The same rule applies - the user is responsible, and the car owner only bears corresponding responsibility if they are aware of the vehicle's defects or that the borrower is driving without a license or under the influence of alcohol, among other faults.

Q4: Is it reasonable for the leasing company to ask me to compensate for the loss of vehicle downtime after the accident?

If the vehicle is out of service due to your fault, you can claim reasonable losses caused by the vehicle being out of service; however, the standard terms and conditions that are too high can be adjusted according to law, and the reasonableness of the daily unit price and the repair cycle should be reviewed.

Q5: Can the injured person sue the leasing company together when filing a lawsuit?

They can be listed as co-defendants, and the court will review whether the lessor is at fault; whether they should bear responsibility will ultimately be determined by the court in accordance with Article 1209 of the Civil Code. Being listed as a defendant does not necessarily mean that they have to pay compensation.

This article is written based on the common judicial interpretation 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 relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.