Analysis On The Case Of Disputes Over Traffic Accident Liability Of Pan Xuelin V. Zhao Chuangxin And Wubo Company Et Al

In recent years,the network car industry has developed rapidly,and the number of traffic accidents involving network vehicles has also increased.Although the promulgation of the Interim Measures for the Administration of Network Appointment of Taxi Management Services affirmed the legal operation status of the network car,the law on the legal relationship and responsibility of the subject is not clear,and the disputes arising from it are also increasing.Therefore,clarifying the legal relationship between the network car platform and the driver and the responsibility-to-subject responsibility rules are the key to solving the increasing number of traffic accident disputes.Pan Xuelin v.Zhao Chaungxin and Wubo Company and other traffic accident liability disputes are the legal disputes caused by traffic accidents.There are three main disputes in this case: how to determine the legal relationship between the network car platform company and the driver,Who should bear the liability for infringement damages caused by traffic accidents and whether the insurance company can be exempted from liability.First of all,the identification of the legal relationship between Wubo Company and Zhao Chaungxin' Innovation is related to the operation mode of the platform.Under the private car model,the legal relationship between the two is recognized as labor relations,labor relations,and intermediation relations.from the perspective of the legal status,existing legal provisions and social benefits between Wubo Company and Zhao Chaungxin' Innovation,it is appropriate to identify the legal relationship between the two as a new type of cooperative relationship.Secondly,with reference to the identification of the subject of motor vehicle traffic,combined with the legal relationship identification and the development needs of the industry,both the Wubo Company and Zhao Chaungxin should be liable for damages caused by traffic accidents.Finally,the service provided by Zhao Chaungxin in the case is not a private car ride.Pacific Insurance Company can claim to be exempt from liability within the scope of its liability insurance for motor vehicles.In order to protect the infringers in such cases from defending their legitimate rights and interests in a timely manner,it is proposed to improve the laws and regulations on network vehicles,establish a system of “platform compensation + platform recovery”,introduce a social assistance fund system,and set up special network car insurance.With a view to alleviating social conflicts and promoting the healthy development of the network car industry.