On The Distribution Of Responsibilities And The Improvement Of Insurance Claims In Network Car-hailing Traffic Accidents

In recent years,the Internet based economy has been developing rapidly.The combination of "Internet plus" and all walks of life blossom everywhere,which has a great impact on the development of the economy and society.The Internet plus car is the concrete embodiment of the Internet sharing economy in the field of passenger service.Under the background of Internet +,the development of the Internet service has entered the fast lane.People can place orders through various mobile phone car Hailing apps,call taxis,express cars and other vehicles,and also enjoy more economical "carpooling" and "free riding" services.Since the incidents of personal injuries related to free riding frequently appear in people's sight,the regulatory agencies and car Hailing platforms have been strict in the supervision of online car Hailing.This more and more strict supervision mode has played a role of escort for the healthy and orderly development of online car Hailing industry.However,no matter how strict the supervision is,it still can not completely solve the problems existing in the online car Hailing industry.The distribution of civil liability in traffic accidents is a typical problem,and it is particularly important to regulate it by law.Starting from four typical cases,this paper discusses the problems existing in the distribution of responsibility in the practice of network car Hailing traffic accidents,and writes the paper according to the logical thinking of putting forward problems,analyzing problems,and putting forward suggestions to solve problems.In addition to the conclusion,this paper is divided into four parts.The first part is the introduction.This paper introduces the background of this topic and the current situation of academic research,explains the research significance of this topic and the research methods used in this paper.The second part is the brief introduction of the case and the summary of the controversial issues.Starting from the judicial cases,this paper analyzes the judicial cases in recent years,and combs the focus of disputes in the judicial practice involving the online car Hailing traffic accident cases.The main problems are that the legal relationship between the car Hailing platform and the driver and passengers is not clear,the responsibility bearing rules of the car Hailing platform are not clear,and there is a lack of insurance claims after the online car Hailing accident.The third part is about the legal analysis of the focus of the dispute.Through the thinking of the case and the summary of the actual situation,it defines the concept of the online car Hailing industry,explores and analyzes the problems existing in the entire online car Hailing industry around the focus of the dispute,and sorts out and classifies the online car Hailing modes;This paper analyzes the legal relationship between the subjects under different operation modes of online car Hailing;This paper analyzes the responsibility of the main body of network car Hailing traffic accidents under different operation modes,and studies the related insurance claims.The fourth part puts forward solutions to the problems.Internet plus car wants to provide more scientific service.We need to improve the legislation of the network industry and improve the insurance mechanism of the network,so as to give full play to the guiding role of administrative supervision and strive to promote the safe and civilized travel of the Internet in the context of "Internet +".