Traffic Accident Responsibility Identification In Online Ride-hailing Service

In recent years,with the rapid development of science and technology and intelligent mobile phone,mobile phone software such as taxi emerged like bamboo shoots after a spring rain,cases of traffic accident damages caused by network about car service gradually increased,has aroused widespread concern in society.We need within the framework of the legal system of the current our country,the division of traffic accident liability on the stage of network about car service trigger are discussed.The current network about cars and traffic accidents liability has many difficulties.This paper introduces the basic operation mode of network about cars,and summarizes the network now several large market share about car platform business model simple classification.And then analyzes different modes of network about the car platform,the driver,the legal relationship between the passengers.Through the analysis of similarities and differences between the two kinds of management modes,summarizes the network about the car platform,the driver,the legal relationship between the passengers;and then analyzes different modes of network about car platform,online car driver,passengers in the net about car service in different types of traffic accidents,respectively,how to bear responsibility.In the network about taxi mode,because the platform just for passengers and taxi service providers to provide information technology services,providing only information matching service between passengers and taxi,not pumped into the taxi mode,also did not participate in the operation,not involved in the supply and demand sides of the taxi service contract,so the platform company does not assume the tort liability.But if the net about car driver escape case,the platform companies have to assist in the investigation and provide information,evidence and other responsibilities.Therefore,in the network about the taxi mode,infringement company to provide network platform taxi about car service caused by not liable.In the network about private car mode,according to the consumer protection act forty-fourth,the private owner’s fault caused by traffic accidents,on the passenger’s personal property rights,constitute an infringement of the private car owners assume no fault liability,the network about car platform according to the fault shall bear the corresponding supplementary liability.In the net about ride mode,network platform about cars and passengers,belonging to the intermediary contract relationship between the driver.According to the relevant provisions of the contract law of People’s Republic of China "in traffic accidents,according to the actual situation,if the intermediary in the process of providing services entirely to the above review obligations,and there is a causal relationship with the occurrence of traffic accidents you need to,in their own fault range need to bear the responsibility for compensation and the proportion of bus fee accordingly.In the network about car mode,the bus service mode is about the car network platform should bear the corresponding liability for the network fault about car platform in order to avoid the mandatory provisions of the law and the construction of the car,and the platform has the obligation to be responsible for their own information,provide services based on network platform release about the car Internet car service management the safety of passengers and security standards.In addition,from a legal point of view,the passengers as an ordinary user,in the common sense that car platform as the car manager,net about car platform and car rental companies,the labor dispatch company,the driver can not become the internal relationships between defense network about free car platform the responsibility of the,Therefore,when traffic accident happens,a defense model car platform internal operation was not exempt.In this case,in the traffic accident,online car platform undertake fault liability,and the car rental company,the labor dispatch company,driver of the passenger car rental companies to undertake joint liability.The driver,the labor dispatch company,undertake fault liability.The use of insurance premium and change the operating vehicles ordinary car insurance premiums are not the same for private cars,increase the vehicle risk.Insurance contract is a bilateral contract,insurance premium and insurance compensation for the insured according to the relation of the price,the insured truthfully inform,hazard assessment and decide whether to underwrite and how much to charge the cost of insurance.Private cars in passenger operations,leading to occurrence probability of traffic accidents was significantly higher than that of the household,there is a causal relationship between the accident and the risk increased significantly.This shall be borne by the insurance company for insurance companies,can prove that the vehicle is in operation,can be deductible insurance.Insurance companies can not prove the evidence,should still be compensatedThe frequent network about cars caused traffic accident,which triggered the dispute also more and more.Therefore,this article from the government supervision,net about car platform social responsibility,put forward standard network about car service industry insurance innovation,some suggestions to reduce network traffic accident disputes about the car.This paper hold net about car platform "Internet +" business model characteristics,from the fact that the elements of abstract legal behavior,with the type of means,experience and legal analysis tools,to clarify the main responsibility and legal liability boundary,play the role of settling disputes,for the new service companies to provide guidance on legal disputes to solve.