The Challenge And Perfection Of The Obligation Of Notification Of Increased Risk Of Violation Is To Reject Compensation

If the private car driver engaged in the online car-hailing service has a traffic accident,the insurer usually private cars for commercial use to lead to a significant increase in the risk and all for the rejection of compensation,the court has different views on this,become a judicial problem.The controversy lies in whether private cars engaging in online car hailing will inevitably lead to a significant increase in the risk degree and whether the insured will lose all the insurance benefits after the accident.Among the judges who support the insurer’s defense,the online car-hailing platform may also refuse to assume responsibility for not engaging in the online car-hailing service at the time of the accident.Therefore,the two "funders" involved in the online car-hailing can get away from the dispute,and the insurance loss cannot be actually compensated.Such cases occur frequently in practice,and the judge’s "all-or-nothing" judgment has aroused great controversy.In the legislation outside the region,the author adopts the mode of proportional compensation for the consequences of triggering the risk to increase the notification obligation,observes the attribute of false obligation of the risk to increase the notification obligation and the principle of consideration balance in the insurance law.However,the internal reason for the frequent occurrence of online car insurance disputes lies in the lack of exclusive online car insurance types in China,the policyholder out of luck or to reduce the cost of psychological purchase of insurance for their own use,and in the occurrence of traffic accidents faced with the insurer to engage in online car rental violation of the risk of increasing the notification obligation for the risk of rejection.Therefore,with the rapid development of science and technology today,it is very necessary to explore the new pricing model of online car hailing industry to reduce the occurrence of insurance disputes from the source.The article is divided into five parts.The first part analyzes the different judgment thoughts of ride-hailing insurance disputes in practice,and points out that the particularity of ride-hailing insurance risks and the notification obligation of violation of increased risk are all disputes of rejection of compensation.In the second part,the author thinks about whether the change of private car to online car reservation will trigger the risk increase notification obligation.Compared with the characteristics of "significantly increased risk level"--sustainability,importance and unpredictability,private cars engaged in online car hailing.Due to the development of smart phones,it is very convenient and frequent for vehicles to switch from self-use mode to online car hailing business mode,which is difficult to meet the characteristics of sustainability.In practice,the frequency of private cars engaging in online car-hailing services is different,so it is difficult to identify the private cars that occasionally receive orders as significantly increasing their risk.The operation of online car-hailing has the characteristics of different stages,and it is difficult to identify the causal relationship between the occurrence of insurance accidents and the increase of risk in different stages.The third part of the increased risk for violation of notice obligation for all claims rejected the consequences were analyzed,and the "complete have no pattern" not of policy-holder and insurant can be subjective imputation sexual reasons,in some cases to demonstrate a causal relationship,leading to the appearance of the referee results against the balance principle of consideration,don’t ignore real obligation in violation of the impairment of kind of incremental calculation,is not really no obligation violation of due consequences;The fourth part puts forward the new judgment thinking of online car-hailing insurance disputes--corresponding adjustment mode.It is to point to insurance premium according to the insurance premium that agrees and the insurance premium that reevaluates according to increase risk reduces accordingly.Since the risk degree significantly increases,the consequence of the breach of the notification obligation is the derogation of the corresponding benefit,the insurance payment may be adjusted according to a certain standard.When case adjudication should consider the subjective fault of policy-holder and insurant,in contract itself,only when policy-holder or insurant is intentional when the underwriter gets authority to terminate a contract,otherwise underwriter can adopt a variety of adjustment means to make contract continuance,but this danger increases the exception that belongs to the underwriter to reject to protect limits;When the insurance liability is assumed,the insurer may refuse to assume the relevant insurance liability only if the breach of the notification obligation is subjectively intentional.In addition,the insurer shall bear the corresponding claim liability in proportion.In the future revision of the insurance law,we can replace "all in all out" with "corresponding adjustment mode" for the legal effect of the violation of the obligation of notice of risk increase,and distinguish the subjective state of the risk notifier.The fifth part explores the introduction of UBI insurance pricing model to scientifically evaluate the risks of online car-hailing vehicles and reasonably calculate the premiums,so as to fill the grey area of commercial insurance in online car-hailing industry and effectively reduce the occurrence of commercial insurance disputes.