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How do passengers defend their rights when they come out of the car?

Author :Tianjin Bo Law Firm   Time :2019-01-04

The Internet era has come, its wave is unstoppable, the network has penetrated into all aspects of our lives, and the new mode of travel of the network car came into being. Relying on mobile internet technology, online car has developed rapidly in China. However, while the network car provides people with more convenience, it also brings problems such as safety and security risks. Today, Bo-Pu-Pu will talk to you about the responsibility of traffic accidents.


Case review


In June 2017, when the driver of the car about the car drove from the front door of a hotel to the left turn, it collided with the car driving from the south to the north. The accident caused the passengers of the car to be injured and disabled. The traffic level of the seven-level, two-car damage, and the traffic team confirmed that W bears the full responsibility of the accident, L does not assume responsibility.


Interpretation of the case


In the above case, because the passengers are about the car, the passengers are not liable for any insurance, whether it is a strong insurance or a commercial insurance. Since the L-driving motor is also not responsible, the L car is only within the scope of the insurance. Liability. At this time, how do passengers claiming their rights and how to ask for compensation? According to the Provisional Measures for the Administration of Online Booking of Taxi Operating Services, the network car platform company shall bear the carrier's responsibility and shall ensure the operation safety and protect the legitimate rights and interests of passengers. The network car platform company shall ensure that the driver providing the service has legal employment qualifications, and in accordance with the relevant laws and regulations, according to the characteristics of working hours and service frequency, sign various forms of labor contracts or agreements with the driver to clarify the rights of both parties. obligation. In judicial practice, there is usually no labor relationship between the network driver and the network car platform. There is only a certain management and management attribute. The network car platform should bear the losses caused by the traffic accident to the passengers. responsibility.


Case analysis


The passengers reserve the vehicle on the network car platform, and the platform assigns W to drive the car to take the order. The network car platform company builds a service platform based on Internet technology, integrates supply and demand information, and uses qualified vehicles and drivers. In operation, it should ensure operational safety and protect the legitimate rights and interests of passengers. W accepts the management of the travel platform, and according to the assignment, the platform first charges the taxi fare and then pays a certain percentage. The "Interim Measures for the Administration of Network Appointment of Taxi Management Services" clarifies that the network car bears the carrier's responsibility.


In the accident, the platform assumed the carrier's responsibility, and the passenger and the network car platform formed a contract of transportation. The driver W accepts the platform instructions, management, supervision, and accepts the employment of the platform during the transportation process. It is the passenger contract for the fulfillment of the contract between the vehicle and the passenger. If the passenger is injured, the platform as the party accepting the W service shall bear the corresponding tort liability.



Author: Secretary Chu Wo, LLB Nankai University Binhai College, Tianjin Bo-designed law firm full-time lawyers, the Ministry of Transport Affairs, Law received professional education system, a solid theoretical foundation of law, good overall quality, in the case of motor vehicle accidents, property There are rich practical experience in the field of insurance contract cases, and the cases handled by them are highly praised by the parties.


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