Who Pays If You Get Hurt On A Free Ride? – Law In A Minute

Richie’s Rendezvous with Coco: A Tale of High Speeds and Nose Needs

Richie was no stranger to the glitz and glamour of the party scene, but one particular night, he met his match—a dazzling diva named Coco. Coco was a beauty chameleon, having reinvented her face under the knife more than a baker’s dozen times, each more perfect than the last.

It was a match made in hedonistic heaven, with Richie’s Ferrari finesse—steering with a single hand—mesmerizing Coco as much as her chiseled cheekbones captivated him. After a night spent twisting and twirling on the dance floor, they decided to wind down with Richie’s hyperactive border collie at his plush pad.

Coco, ever the thrill-seeker, demanded a live demo of Richie’s infamous one-handed wheeling. Tipsy confidence at the helm, Richie took the dare, but alas, his Ferrari met a pole in an ill-fated tango, and Coco’s nose, once a paragon of surgical precision, now had an unfortunate new angle.

The morning after, Coco’s nose demanded a six-figure sum to restore its former glory, and she pointed the bill Richie’s way. Richie, however, was under the impression that it was Coco who egged on the vehicular ballet, and thus she should foot the bill for the vehicular and nasal reconstruction.

Law In A Minute

Rich, not being a taxi or Uber/Didi driver, has no formal contract with Coco. Nonetheless, his intoxication does not absolve him of responsibility under the Civil Code, as he was negligent. It would have been prudent for Rich to call a taxi or arrange for a chauffeur instead.

Regarding the maintenance fees, Coco, aware of Rich’s inebriation yet insisting he drive them home, shares in the fault. Consequently, she should also shoulder a portion of the maintenance costs.

Legal Basis

Civil Code

Article 1165

During the subsistence of a marital relationship, both parties may agree that property acquired during the marriage, as well as property owned prior to the marriage, shall belong to each individually, be owned jointly, or be partially individual and partially joint property. Such agreements should be made in writing. In the absence of an agreement or if the agreement is unclear, the provisions of Article 1062 and Article 1063 of this law shall apply.

Any agreement between spouses regarding property acquired during the marriage, as well as property owned prior to the marriage, is legally binding on both parties.

If spouses agree that property acquired during the marriage shall be owned individually, then any debts incurred by the husband or wife to third parties, where the third parties are aware of this agreement, shall be settled with the individual property of the husband or wife who incurred the debt.

Article 1217

In the event of a traffic accident involving a non-commercial motor vehicle that results in injury to a passenger who is riding without compensation, if the responsibility lies with the motor vehicle party, their liability for compensation should be mitigated. However, this does not apply if the person using the motor vehicle has acted intentionally or with gross negligence.

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