대리운전과 관련한 법률관계 분석 - 대리운전 중의 사고로 인해 사상자가 발생한 경우를 중심으로 -

Abstract

If a third party (excluding the client) is injured or killed in an automobile accident by a designated driver, the driver and the driver's client hold joint co-operator liability. So they can seek compensation either from the vehicle possessor's comprehensive automobile accident insurance, or the designated driver insurance policy: Provided that the compensation payable by personal indemnification I shall be sought from the vehicle possessor's comprehensive automobile accident insurance, and the compensation payable by personal indemnifications II under the same provisions sought from the designated driver insurer. (Personal indemnifications I and II are prescribed under the provisions of the standardized agreement of automobile accident Insurance and the comprehensive automobile handling businessman insurance policy.) If the designated driver does not hold designated driver insurance on him/her, the victim may claim damages from the vehicle possessor's comprehensive automobile accident insurance in accordance with personal indemnification I and II. On the other hand, if it is the client who is injured or killed in an automobile accident which was caused by his/her designated driver, the designated driver has operator liability for the damages, whereas the client becomes "a third party" under Guarantee of Automobile Accident Compensation Act and shall be subject to protection. Therefore, the client may receive compensation within personal indemnification I from the comprehensive automobile accident insurance which he/she has taken out. This means if the designated driver holds designated driver insurance, the scope of indemnification that the victim(the client) may claim from the designated driver insurance company is restricted to the scope beyond personal indemnification I. In other words, compensation payable by personal indemnification I shall be claimed from the Comprehensive Automobile Accident Insurance the vehicle possessor holds, and the compensation payable by personal indemnification II shall be claimed from the designated driver insurance company. Therefore, if the designated driver does not have designated driver insurance and cannot afford for compensation for damage, the client can be compensated only within personal indemnification I from the vehicle possessor's comprehensive automobile accident insurance.