Vietnam: Who is liable for compensation if someone takes someone else's vehicle and causes an accident?

Vietnam: Who is liable for compensation if someone takes someone else's vehicle and causes an accident? (Illustrative photo)

1. Basis for claiming compensation

According to current legal regulations, road motor vehicles are considered a source of extreme danger in Vietnam. Based on the provisions of Clause 1, Article 601 of the Civil Code 2015, sources of extreme danger in Vietnam comprise motorized means of transport, power transmission systems, operating industrial plants, weapons, explosives, inflammable substances, toxic substances, radioactive substances, dangerous animals and other sources of extreme danger as provided by law. Therefore, in cases of damage as mentioned above, the damaged party can apply the legal provisions on compensation for damages caused by a source of extreme danger to claim compensation.

2. Identifying the liable party

The determination of the liable party in cases where someone takes another person's vehicle without permission and causes an accident is governed by Clauses 2, 3, and 4, Article 601 of the Civil Code 2015 as follows:

Compensation for damage caused by sources of extreme danger

...

2. An owner of a source of extreme danger must compensate for damage caused by such source. If the owner has transferred possession or use of the source of extreme danger to another person, such other person must compensate [for the damage], unless otherwise agreed.

3. An owner, or person to which an owner has transferred the possession or use, of a source of extreme danger must compensate for damage caused by such source, even where such owner or person is not at fault, except in either of the following cases:

a) The aggrieved person is entirely at fault for intentionally causing the damage;

b) The damage occurred due to an event of force majeure or in an emergency situation, unless otherwise provided by law.

4. Where a source of extreme danger is taken into possession or used unlawfully, the person possessing or using [it] unlawfully must compensate for damage.

Where an owner, or a person to which an owner has transferred possession or use, of a source of extreme danger is at fault by allowing the unlawful possession or use of the source of extreme danger, the owner, or the person to which the owner has transferred possession or use, of the source of extreme danger as the case may be must compensate jointly for the damage.

Under the above provisions, in cases where someone takes a vehicle without permission (taking the vehicle without the owner's consent or taking the vehicle without informing the owner) and causes an accident, that person is liable to personally compensate for damages due to the accident. If the owner is at fault for allowing someone else to take the vehicle and cause an accident, they must jointly compensate for the damages.

Details can be found in Civil Code 2015.

Hieu Khanh

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