Study On The Responsibility Body Of Traffic Accident In Networked Car

Nowadays,there are different business models of the car-hailing.In this paper,the first aspect I analyze is the three models of the car-hailing: “self-owned vehicles +own-drivers ”mode,“rental vehicles + dispatched drivers” mode,and “private vehicles + private owners ”mode according to the sources of vehicles and drivers.Since the traffic accident will bring the car-hailing stakeholder some uncertain losses,in order to make up these,they can buy the motor vehicle accident liability compulsory insurance and commercial insurance.According to the Article 52 of the Insurance Law,we can infer from that where the insurant fails to perform the notification obligation prescribed in the preceding paragraph and an insured incident occurs because the degree of peril of the subject matter insured greatly increases,the insurer shall not be liable for paying insurance money.However,the current law of our country has not stipulated the certified standard whether the dangerous degree of the insured subject significantly increases or not.The author thinks that it should be determined according to the standard of the general rational person.The legal relationship between the car-hailing company and the driver determines whether the platform company is the subject of responsibility when the driver is the victim.Under the model of “self-owned vehicles + own-driver”,the author is identified the legal relationship between car-hailing platform company and driver as labor relations.In the model of “rental vehicles + dispatched drivers”,there is no legal relationship between the company and driver,as well as,in the “private vehicles + private owners ”mode,the legal relationship among the two bodies is regarded as the label contract.When the passenger is injured,they can request the car-hailing platform company to undertake the breach responsibility according to the passenger transport contract established by the company and passenger.If the company exists tort that infringe the legitimate rights and interests of passenger,the passenger can bring breach of contract litigation or tort litigation.When the third people is injured,if the behavior of the traffic accident actor constitutes the majority tort,the tort liability form can be determined according to the specific type of tort and then the responsibility subject of the traffic accident of the car-hailing is clarified.If the majority tort acts as a joint tort,the form of liability is joint and several liability.If the majority tort belongs to aiding and abetting,when the subject of responsibility isdifferent,the instigator's capacity for civil conduct is different,too.In the case of a common dangerous act,the traffic accident behavior will also undertake joint and several liability.If the behavior meets the conditions of reason concurrence tort,the behavior will bear the responsibility according to the share.