Hanji Law Commentary How to divide the responsibility of a man who was involved in an accident while

Mondo Social Updated on 2024-02-22

[Case Review].

Du took Kou's car to work through an online car-hailing platform, and a traffic accident occurred when he reached an intersection on the way, resulting in Du's injuries. After Du's mobile phone paid for the ride 597 yuan, Kou received a ride fee of 53$7. The Beijing Municipal Public Security Bureau Public Security Traffic Management Bureau issued a traffic accident certificate, and Ms. Li, who was not involved in the case, was 100% responsible for the traffic accident. After the accident, Du sued the court on the grounds of a dispute over liability for a motor vehicle traffic accident, and reached a mediation agreement with the insurance company and was compensated for various economic losses of 3,000 yuan.

Now Du sued the court again, demanding that Kou return the transportation cost of this trip 597 yuan, compensation for lost work expenses, nutrition expenses, transportation expenses, spiritual solace and other expenses. The defendant Kou argued that he subjectively wanted to send Du to his destination, but he did not send Du to his destination because there was a traffic accident, and the other party was solely responsible for the accident, and he only agreed to refund the fare.537 yuan, other losses should be compensated by the fully responsible party; I am just a registered hitchhiker owner on an online car-hailing platform, which is a popular network sharing resource on the Internet now, and there is no operation and highway passenger transport at all.

[Hanji Lawyer on Law].

The contract of carriage refers to the contract in which the carrier transports the passenger from the place of departure to the agreed place and the passenger pays the fare. In the contract of carriage, the carrier has the obligation to safely transport passengers to the agreed place. Now a transportation contract relationship has been established between Du and Kou, and Kou has not sent Du to the agreed place, which is a breach of contract, and Du has the right to require Kou to refund the ride fee, which shall be subject to the actual amount received.

Because Du had claimed lost work expenses, nutrition expenses, transportation expenses, spiritual solatium and other expenses in the motor vehicle traffic accident dispute case and was compensated through mediation, Du had no right to demand compensation from Kou again.

[Hanji lawyer reminds].

As a relatively new mode of travel in the context of the sharing era, although its form of receiving orders breaks through the norms, it still meets the basic requirements of the transportation contract.

Although the driver on the part of the carrier is different from the driver of the ordinary road passenger transport contract and is not clearly bound by the provisions of the regulations, based on the constraints of the validity of the contract, the driver should also perform the contractual obligations according to the contract, and those who fail to fulfill the contractual obligations should bear the liability for breach of contract.

Legal basis. Interim Measures for the Administration of Online Taxi Reservation Business Services

Article 16 of Chapter 4 clearly stipulates that "online taxi reservation operators shall assume the responsibility of the carrier, ensure the safety of operation, and protect the legitimate rights and interests of passengers." ”

Related Pages