DOES THE TAXI COMPANY OR TAXI DRIVER MUST COMPENSATE FOR DAMAGE IN CASE OF ACCIDENT?

Recently, my younger brother was injured in an accident caused by a taxi driver which lead to his broken leg. He has to go to the hospital for the treatment. My family asked the taxi company to compensate for the accident but they said that the taxi driver would bear this responsibility. After the accident, the taxi driver was fired.

We would like to know if the taxi company or the taxi driver has to compensate for my brother’s injury. Thank you.

Fdvn’s opinions:

Thank you for concerning FDVN’s legal services. After researching and studying the relevant legal documents, we would like to offer our opinions:

 [1]. Grounds giving rise to liability to compensate for damage:

According to the provisions of Article 632 of Civil Code 2015 on grounds giving rise to liability to compensate for damage:

“1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.”

In your case, it was not your younger brother’s fault or the force majeure events causing the accident. It was the fault of the taxi driver, who caused your younger brother’s broken leg. It is considered the ground of compensation liability.

[2]. Identify the subject compensating for non-contractual damage:

When the accident occurred, the taxi driver was the employee of the taxi company and managed by this company. So, there are 2 situations may happen:

In the first situation, if the driver was performing the assigned work, the taxi company would be obliged to compensate for the damages. Accordingly, the compensation is carried out as follows:

According to the provisions of  Article 600 of Civil Code 2015: “A natural person or juridical person must compensate for any damage caused by any worker or trainee belonging to it during the performance by the employee or trainee of his or her assigned duties. The natural person or juridical person has the right to demand such worker or trainee reimburse it an amount of money in accordance with law.”

Therefore, in this case, the taxi company must be obliged to compensate for damages caused by its taxi driver. In the event of the driver’s fault, the company has the right to ask him/her to refund the amount of compensation.

In the second situation, the driver who caused the accident was not performing the work assigned or out of his shift, he/she must be obliged to compensate for the damage to your younger brother.

According to the provisions of  Article 601 of Civil Code 2015 on compensation for damage caused by sources of extreme danger as follows:

“1. Sources of extreme danger 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.

An owner of a source of extreme danger must comply strictly with the regulations on taking care of, preserving, transporting, and using sources of extreme danger in accordance with law.

2. An owner of a source of extreme danger must compensate for damage caused by such a 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.”

Therefore, It is necessary to determine that when the accident occurred, the taxi driver was in his shift and performing his assigned work or doing his own business, so that we can determine the subject to compensate.

Above is Fdvn Law Firm's opinions for your request based on studying the relevant legal provisions. Hopefully, our advice would be helpful to you.

Legal advisor: Dinh Thi Thong

FDVN Law Firm