[Brief facts of the case].
On December 9, 2020, Chen drove an electric bicycle and collided with Cui, causing Cui to fall to the ground and be injured. On the same day, a traffic police detachment in Jiading, Shanghai, issued a road traffic accident certificate: Chen bears full responsibility for the accident, and Cui is not liable. Cui was discharged from the hospital on December 18, 2020**, with a total of 38,674 medical expenses51 yuan. Cui's application for disability and "Phase III" assessment: 1. Cui constitutes a grade 10 disability. 2. Cui can rest for 180 days, nutrition for 90 days, and nursing for 90 days after his injury.
Changshu E*** Party A, hereinafter referred to as "Changshu E Company") and Zhejiang Free Trade Zone Company A (Party B, hereinafter referred to as "Zhejiang Company A") signed a "warehousing logistics distribution service contract", the agreement stipulates: service content 11. Party B contracts Party A's pre-warehouse and large warehouse project, which includes pre-warehouse warehouse warehouse management, commodity receiving, warehousing, tallying, inventory, order receiving, order product sorting and packaging, logistics and distribution.
On February 6, 2020, Zhejiang Company A (Party A) and Chen (Party B) signed a Business Contracting Agreement, stipulating that Party B shall provide services according to the needs of Party A's project, and Party B shall complete the work required by Party A on time and conscientiously and meet the specified quality standards. Article 6 of the contract Party B's rights and obligations (6) In the process of providing contracted services, if Party A, Party A's partners, employees, or any third party suffers personal or property damage due to Party B's reasons, Party B shall bear all responsibilities and other contract contents.
Chen works at a city road station in Jiading District, Shanghai on weekdays, and his salary is paid by a city station. Zhejiang Company A purchased employer's liability insurance from Ping An Property Insurance Beijing Branch, and the insured, Zhejiang Company A, had a third-party compensation limit of RMB 200,000 for the rider.
Cui filed a lawsuit with the People's Court of Jiading District, Shanghai, requesting: 1. Order the defendant Ping An Property Insurance Beijing Branch to compensate the plaintiff 212,390 within the scope of insurance liability31 yuan, and the shortfall shall be jointly compensated by the remaining three defendants, Chen, Changshu E Company, and Zhejiang A Company;2. The litigation costs of this case shall be borne by the defendant.
[Verdict].
1. The defendant Ping An Property & Casualty Insurance Co., Ltd. Beijing Branch shall compensate the plaintiff Cui X 184,785 within seven days from the effective date of this judgment31 yuan;2. The defendant Zhejiang Company A shall compensate the plaintiff Cui for 5,000 yuan in spiritual solace and 3,000 yuan in attorney's fees, totaling 8,000 yuan, within seven days from the effective date of this judgment3. Reject plaintiff Cui's remaining litigation claims.
[Lawyer's interpretation].
Several Provisions of the Supreme People's Court on the Temporal Effect of the Application of the Civil Code of the People's Republic of China: In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except as otherwise provided by the laws and judicial interpretations. Therefore, the relevant provisions of the 2020 law and judicial interpretations are applicable to this case. Article 65 of the Insurance Law of the People's Republic of China stipulates that the insurer may, in accordance with the provisions of the law or the contract, directly compensate the third party for the damage caused to a third party by the insured of the liability insurance. If the insured of the liability insurance causes damage to a third party, and the liability of the insured to the third party is determined, the insurer shall, at the request of the insured, directly compensate the third party for the insurance money. If the insured fails to make a request, the third party has the right to directly claim compensation from the insurer for the part of the compensation to be paid. If the insured of the liability insurance causes damage to a third party, and the insured fails to compensate the third party, the insurer shall not compensate the insured for the insurance money. Liability insurance refers to insurance that takes the insured's liability for compensation to a third party as the subject matter of insurance. In this case, Mr. Lin, as the first person of Changshu E Company, promptly contacted Zhejiang Company A, the client's partner, and suggested that the insurance company be added as a co-defendant in this case. After Zhejiang Company A applied to the court, and the court obtained Cui's opinion, the insurance company was added as a co-defendant. 1. Chen and Zhejiang Company A signed a "Business Contracting Agreement", whether the two parties belong to a contracting relationship at their own risk or a substantive labor relationship?Although the two parties signed a business contracting agreement, according to the agreement, Chen needed to go to a designated city station in Jiading District to receive orders, continue to engage in delivery labor activities within the scope of Zhejiang Company A's instructions, and take out employer's liability insurance. 2. Chen caused the injury of passers-by Cui during the delivery, and Chen took full responsibility for the accident. At the time of the accident, Chen was an employee of Zhejiang Company A, and at the time of the accident, it was an act of performing duties to deliver goods to the company, and Zhejiang Company A, as the employer, should bear vicarious liability for Chen's accident. 3. Whether Changshu E Company, the platform party, is responsible?Changshu E Company signed an outsourcing service contract with Zhejiang A Company, and Changshu E Company was not at fault for the accident and was not liable. Cui asserted that Changshu E Company was liable and did not submit the corresponding evidence, so Changshu E Company was not liable. 4. If the entity liable for compensation is insured by the employer's liability insurance, can the infringed party claim that the insurance company should directly settle the claim?The purpose of Zhejiang Company A's additional insurance company as a co-defendant was to hope that the insurance company would pay compensation directly to the third party, so the infringer's request for the insurance company to pay compensation first within the scope of the insurance claim met the statutory conditions.