Nowadays, online car-hailing and "hitchhiking".
While providing convenience for people's travel.
There are also some traffic safety risks.
Recent. Honghe County People's Court, Honghe Prefecture, Yunnan Province.
The trial was made for taking a "hitchhiker".
and triggered six incidents.
Motor vehicle traffic accident liability dispute case.
When riding a "hitchhiker".
If you are unlucky.
Injuries from traffic accidents.
Who is responsible for the accident?
Basic facts of the case
Defendant Yang is a truck driver, and defendant Xu has been driving a "hitchhiker" for a long time. On the day of the incident, defendant Yang drove a light dump truck and collided with an ordinary passenger car driven by defendant Xu, resulting in a road traffic accident in which nine passengers in defendant Xu's car were injured to varying degrees and two vehicles were damaged to varying degrees. Later, six passengers, including Li and Guo, who were in Xu's vehicle, filed a lawsuit with the court, demanding that the insurance company insured by the defendants Yang, Xu and the vehicle driven by them compensate for various economic losses such as disability compensation, medical expenses, and lost work expenses caused by the accident.
After the People's Court of Honghe County, Honghe Prefecture, Yunnan Province, accepted the lawsuit filed by Li, Guo and others, because the six cases were all caused by the same traffic accident, the undertaker conducted a joint trial of the six cases in accordance with the law. The trial ascertainedThe road traffic accident determination of the accident determined that the defendant Yang was primarily responsible for the accident, the defendant Xu was secondarily liable, and the other parties were not liable. The vehicle driven by defendant Yang was insured with compulsory traffic insurance, motor vehicle third-party liability insurance, and motor vehicle personnel liability insurance at the defendant Chinese People's Property Insurance Co., Ltd. *** Honghe Prefecture Branch, and the vehicle driven by defendant Xu was insured with compulsory traffic insurance, motor vehicle third-party liability insurance, and motor vehicle personnel liability insurance at the defendant Chinese Life Property Insurance Co., Ltd. *** Honghe Prefecture Central Branch Company. The vehicle driven by the defendant Xu was registered as a vehicle for family use, but the defendant Xu used the car as a business vehicle without obtaining a vehicle operation license and used it to run a "hitchhiker", and the passengers injured on the day of the accident were all passengers who took the "hitchhiker". As a result of the traffic accident, one passenger was disabled in the fifth grade, one was disabled in the eighth grade, and two were disabled in the tenth grade, and the economic losses of the six plaintiffs in the lawsuit totaled more than 1.9 million yuan.
Adjudication Results
According to the degree of fault of the defendant Yang and the defendant Xu, the defendant Yang bears 70% of the liability for the losses of the six plaintiffs, and the defendant Xu bears 30% of the liability. Because the losses that defendant Yang should bear did not exceed the scope of the insurance he insured for the vehicle, the insurance company ultimately assumed full liability for compensation. Although the vehicle driven by the defendant Xu was also insured by the insurance company, the insurance company did not need to bear the insurance liability because the vehicle insured in the name of the family was engaged in business activities without obtaining a vehicle operation license, and the corresponding compensation was borne by the defendant Xu.
What the judge said
When using the vehicle as a commercial vehicle, ride-hailing drivers and ride-hailing drivers should obtain the appropriate permits in accordance with the law, strictly abide by the traffic rules, and avoid causing significant losses to others and themselves. At the same time, when choosing a means of transportation, people who need to travel should adhere to the principle of prudence in choosing a reasonable means of transportation to avoid increasing the risk of travel. Obeying traffic rules is not only to protect the safety of everyone's life and property, but also to protect everyone's happy future, everyone should assume their own responsibilities and participate in traffic safety with practical actions.
Links to legal provisions
Article 1213 of the Civil Code of the People's Republic of China stipulates:"If the damage caused by a traffic accident of a motor vehicle is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it. ”
Article 52 of the Insurance Law of the People's Republic of China stipulates:"If the degree of risk of the subject matter of insurance increases significantly during the validity period of the contract, the insured shall notify the insurer in a timely manner in accordance with the contract, and the insurer may increase the insurance premium or terminate the contract in accordance with the contract. If the insurer terminates the contract, it shall refund the insurance premiums already collected to the policyholder after deducting the part receivable from the date of commencement of insurance liability to the date of termination of the contract in accordance with the contract. If the insured fails to perform the notification obligation provided for in the preceding paragraph, the insurer shall not be liable for compensating the insurance money for the insured accident that occurs due to a significant increase in the degree of danger of the insured object. ”
*: Yunnan Political and Legal Committee, Honghe County People's Court, Honghe Prefecture Political and Legal Committee.