| Car-hailing is a modern public transportation method that exchanges and shares information based on the Internet platform and matches idle vehicles in a specific area according to the travel needs of passengers.According to the source of their vehicles,online car-hailing can be generally divided into two categories: one is vehicles provided by leasing companies or owned by the platform,and the other is privately registered vehicles.The online car-hailing studied in this paper is the vehicle registered by the owner of a private car on the online car-hailing platform.The car owner uses the car-hailing platform to use his own private car to carry passenger and offer transportation services.This operation mode can be divided into online car-hailing express.mode and hitchhiking mode.As an important mode of travel,online car-hailing is usually a big controversy in insurance claims due to the complexity of online car-hailing insurance when a traffic accident occurs.Starting from three typical cases,this thesis summarizes the focus of disputes,conducts a legal analysis,and puts forward online car-hailing insurance suggestions on the basis of the research conclusions,which provides a basis for judicial judgment.The first chapter is the brief introduction of the case and the summary of the focus of the dispute.After sorting out the cases,the author studies and discusses the following three issues:the identification of the nature of the online car-hailing operation,whether the risk of the online car-hailing car has increased significantly and the determination of the scope of insurance compensation.The second chapter is the jurisprudence analysis.First of all,in the process of elaborating the concept and classification of online car-hailing,the thesis also deeply studies the characteristics of online-hailing express and ride-hailing,as well as the rules for determining the operational nature of online-hailing cars.Then,it analyzes the judgment basis for the significant increase in the degree of risk and the applicable conditions of the notification obligation.In addition,the author analyzes the operation and insurance status of online car-hailing,introduces that insurance settings and claims should comply with the principle of balance of consideration,and tries to solve the problem of determining the scope of compensation in online car-hailing insurance disputes.The third chapter is the conclusion and enlightenment of the research.Based on the in-depth exploration,analysis and induction of the three cases,the thesis puts forward:（1）the improvement of the clause on the significant increase in the degree of risk.For instance,the notification obligation is specified in the insurance contract,it is a contractual obligation;（2）with the auto insurance priced model shifting from “auto-oriented” to “people-oriented”,it is proposed to build UBI auto insurance system for domestic online car-hailing;（3）improvement the insurance access system of the online car-hailing platform.I hope this thesis can provide some help for the development of online car-hailing. |
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