Q: Hello lawyer, when I was learning to drive at a driving school, the driving school instructor drove the coach to take me to the training site and had a traffic accident, resulting in my injury, can I ask the driving school to compensate me?
Answer: Hello, according to Articles 186 and 1191 of the Civil Code, driving schools have the ancillary obligation to ensure safety in addition to providing teaching services. If a traffic accident causes personal injury to a student, it constitutes a tort, and the student may require the driving school to bear tort liability.
If the instructor is intentional or grossly negligent, the driving school needs to bear the employer's responsibility for the damage caused by the employee to others, and the driving school can recover from the instructor after assuming responsibility. If the instructor is not willful or grossly negligent, the driving school is liable and no recovery of civil liability arises.
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Lawyer in the line: Lei Baifang