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Big Traffic Author of this article: Sun Hongchao 2016-03-08
Internet private cars are developing rapidly,It has become an important way for people to travel every day,But while we are enjoying the speed and convenience brought by private cars,Also put yourself in a disadvantageous situation,For practitioners、Consumer rights protection protection has not yet been fully supported by national laws and regulations,Once an accident occurs, you will face the problem of compensation disputes。
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Internet taxi-hailing platform companies must achieve long-term development,In the case of backward laws and regulations,Platform companies should try their best to protect customer rights and interests,Instead of using legal loopholes to evade responsibility。

Recently,An Uber passenger suffered a traffic accident,In incident handling、Disputes with Uber officials regarding rights protection and compensation,Both sides hold their own opinions,It is difficult to determine the responsibility yet,But behind the incident,Highlights the immature side of the private car industry。

These days,""Deadly Uber" passenger narrowly escaped death,Uber’s God’s reply: Driving on the road,Car accident is normal!》Spread on social networks,A passenger who booked a ride through Uber posted this,After a car accident,Received the cold treatment from Uber,Unable to contact the official response within 24 hours。Uber officials responded,The company has normal communication with the passenger as soon as possible,And keep the recording of the call with customer service。

188bet app Undeniable,Two years after the birth of the private car industry,The bull that broke into the china shop was almost fearless,In Didi、Uber and other companies are expanding like crazy,The travel market has been completely changed,But on the other hand,Most private car companies are still wandering on the edge of policy and law,Behind this bull,Many pairs of consumers、No one pays for the protection of practitioners’ rights。

The above-mentioned dispute to be resolved,Reflects the dilemma of division of responsibilities and powers in the domestic private car industry

A legal professional who did not want to be named told Tencent Technology,At present, the legal aspect of private cars is still in a fuzzy area,So it is impossible to establish a complete complaint mechanism;An employee from an insurance company told Tencent Technology: “At present, most private car companies purchase general insurance for vehicles,Non-operational insurance,You do encounter problems when making claims。”

There are no longer a few cases of disputes,A college student from Nanjing is taking a company car,The special car collided with another car,The college student was injured,However, the accident investigator of the insurance company determined that the special car was insured as a private car,Suspected of changing the nature of vehicle use without authorization,Increased vehicle risk,So he refused to compensate。After many mediations,And the medical expenses are not high,The driver finally reached a compensation agreement with the college student。

The claims process is long

Minister of Transport Yang Chuantang said recently during the fourth session of the 12th National Committee of the Chinese People’s Political Consultative Conference,Guiding opinions and several measures involving the standardized management of special vehicles have been formulated,I hope the introduction time can be "as soon as possible"。

October last year,The Ministry of Transport issued the "Guiding Opinions on Deepening Reform and Further Promoting the Healthy Development of the Taxi Industry (Draft for Comments)" and the "Interim Measures for the Management of Online Reservation Taxi Business Services (Draft for Comments)"。To this,Yang Chuantang said: “Because the situation in different places is different,So we are formulating guidance,Just to wait until the opinions are issued,Each place can consider local conditions,Make policies work better。”

Yang Chuantang said,At present, special cars have not been included in the formal procedures,But there are already guidelines for the legalization of private cars,It won’t be too far away to officially obtain “legal status”。

As Minister Yang Chuantang said,Specialized cars have not been included in the formal procedures at least so far,This means most private car platforms,Especially private cars as special cars,Still facing the risk of insurance claims。

At present, most domestic ride-hailing platforms have launched “advanced compensation” funds,And require relevant drivers or rental companies to purchase passenger insurance and third-party liability insurance, etc.。Some ride-hailing platforms have also set up related fund pools,And entrust the insurance company to conduct relevant assessment and compensation。

But according to Tencent Technology’s knowledge,At present, most domestic ride-hailing platforms have lengthy claims settlement processes,And passengers are required to keep multiple relevant evidence,There are very few actual successful claims cases。

Travel involves insurance

According to statistics from Tencent Technology,The current domestic taxi-hailing platform involves the following projects: calling a taxi、Call a private car operator or express car、Call a ride、Call a private car or express car operated by the ride-hailing platform。As an ordinary 188bet app passenger,The relevant laws and rights and obligations you need to know currently are as follows:

1. Taxi

The taxi-hailing software combines the passenger’s car information with the taxi company’s vehicles、Driver information matches。After the passenger places a ride order to the driver through the software platform,The company forms a service contract relationship with passengers。The company provides taxi services to passengers,Passenger pays the fee。Passengers take a taxi,An accident occurred、Damage,The passenger is not at fault,The taxi company shall be responsible for it。

Currently, the relevant taxi-hailing software does not share revenue in the taxi mode,Not involved in the operation either,Only information matching service is provided,It is difficult to require the ride-hailing software to bear relevant responsibilities based on this。

If a passenger has an accident in a taxi,The taxi company failed to ensure the safety of passengers、Obligation to deliver to destination in time,Therefore,Passengers have the right to demand that the taxi company assume liability。

The legal basis is as follows:

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 11 Consumer reasons for purchasing、Using goods or receiving services is subject to personal injury、Property damage,Enjoy the right to compensation in accordance with the law。

Contract Law of the People's Republic of China

Article 302 The carrier shall be liable for damages for the casualties of passengers during transportation,But the injury or death is caused by the passenger’s own health or the carrier proves that the injury or death was intentional on the part of the passenger、Except for cases caused by gross negligence。

2、Private car (Hitchhiking mode is roughly the same as private car mode):

Currently, the operation of private cars has not been deemed legal,So passenger behavior has objectively put life and health in a dangerous 188bet sports betting app download situation without safe operation guarantee,It is his own fault。

According to the provisions of Article 131 of the General Principles of Civil Law,The victim is also at fault for the damage,Can reduce the civil liability of the offender。

When a private car operates a special car or express train,Some platforms provide commission,But no matter whether you take a commission or not,The platform parties need to bear relevant joint and several liabilities。

Also,Private cars engaged in passenger transport business,It is a change in the use nature of the vehicle,As a result, the danger level of the insured motor vehicle increases。So,Insurance companies can follow legal provisions and corresponding insurance terms,Refuse to compensate passengers for injuries or vehicle damage caused by car accidents involving private car operators on such platforms。

3. Self-operated vehicles:

Currently there are two modes of self-operated vehicles on domestic ride-hailing platforms,The first is with a car rental company、Labor dispatch company signs contract;The other is to purchase the vehicle directly and hire a driver。These two modes,Relevant taxi-hailing software platforms need to bear relevant responsibilities。

He car rental company、The labor dispatch company is in contract signing mode,Passengers form a car rental relationship with the car rental company as private car users,Formed a labor service relationship with the labor service company。From the perspective of fault liability under civil law,And from a fair and reasonable perspective of the law,Ride-hailing platform、Car rental company、Labor dispatch service company and driver,They are all service providers that provide private car services to passengers,And they all obtain direct economic benefits from it,And they all obtain direct economic benefits from it。

If the vehicle belongs to a ride-hailing software company,Then the driver performed his 188bet Online Sports Betting and Casino duties,The company should bear the relevant responsibilities。



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