A Study On The Third-party Liability Insurance System Under The Model Of Net-contracted Private Car

“Private Owner + Private Vehicle” mode is one of the main modes of Internet-based car ownership.In this mode,as long as the owners and vehicles meet the legal requirements,they can provide services for passengers through the Internet-based car-booking platform.However,most of the private car and network contract vehicles only insure “non-operating” vehicle insurance.Insurance companies often refuse compensation on the grounds that the owner changes the nature of vehicle use without authorization.Once the owner lacks the ability to compensate,the third person’s personal and property losses caused by the accident will not be timely compensated,and their legitimate rights and interests cannot be guaranteed.The traditional insurance is difficult to solve the insurance disputes under the mode of network-based private car,so this paper will build a third party liability insurance which is suitable for the characteristics of network-based car.Starting from a bulletin case,this paper finds that there is a shortage of insurance types in online car insurance,and then constructs new insurance types from four aspects: insurer,subject obligation,insurance period and insurance liability.The First chapter is about the question is put forward.This paper chooses the bulletin case of the Supreme People’s Court about online car insurance,and through the analysis of the basic case,considers that the current insurance system cannot solve the insurance problems arising from the online car insurance mode,so it is necessary to explore a new type of insurance.The second part is about the determination of the insured.The principle of insurable interest is the key element to determine the insured.By discussing the legal relationship between the company and the driver,this paper holds that the two companies establish a hidden employment relationship.After analyzing the current legal provisions,commercial externalist theory and judicial practice,this paper holds that the company of online car registration platform should be identified as the insured.The third part elaborates the insured’s obligation to inform and the insurer’s obligation to explain.The obligation to inform and the obligation to explain is the legal obligation in the legal relationship of insurance.The online carbooking platform company is the obligor to inform.The insurance company assumes the obligation to explain.The obligation to inform and the obligation to explain under the online car-booking insurance mode are different from the general insurance.The fourth part is to analyze the insurance period of the third party liability insurance of online car appointment.The main feature of online carappointment insurance is that it faces different risks at different stages.California’s relevant laws and regulations on online car-appointment insurance period are relatively perfect.We can actively learn from its beneficial experience and construct an online car-appointment insurance period in line with China’s national conditions.The fifth part solves the problem of insurance liability of the third party liability insurance of the network contract.Firstly,the constituent elements of insurance liability are analyzed,and then the scope,limitation and exemption of insurance liability are discussed.At the same time,the right to recover from the driver is proposed.