Research On Legal Issues Of Online Ride-Sharing Insurance

Network about hitching a ride also known as car-sharing,or close by,is about car passengers through the platform to provide your own travel time and route,platform matching private car driver of travel time and distance close,close by the two sides share the travel cost of a new type of sharing mode,and its not only ease the traffic pressure,also promoted the development of green.Once a traffic accident occurs,it is the most effective safeguard measure to resolve the possible risks in the road traffic accident through insurance as an economic means.Therefore,what really needs to be solved is the specific system of insurance and the problem of insurance compensation.This paper intends to conduct research from two approaches of legislative perfection and judicial unification,to clarify the possible legal causes of the problem of online hitch ride insurance in practice,and to put forward targeted legal countermeasures.The first part of the paper,through the analysis of the classic case "different judgments in the same case",leads to the thinking on the legal issues of online booking hitch insurance,that is,the relevant insurance system is not perfect,the judicial practice of the legal application of hitch insurance claims there are differences,the rights and interests of the parties cannot be adequately protected and other issues.The second part is an overview of online hitch hailing insurance.Firstly,the concept,operation mode,risk characteristics and legal nature of online hitch hailing are introduced respectively.It is important that online hitch hailing is different from online taxi hailing,and the "non-operational" of its service has not changed.Secondly,it introduces the main content of the online taxi insurance,introduces the current situation of the legal provisions,and compares with the various elements of the online taxi insurance,and concludes that the online taxi insurance should not follow the traditional operating car insurance.The third part focuses on the analysis of the causes of the problems in the practice of online hitch car insurance,starting from two paths,namely the current insurance legal system and the judicial application of insurance compensation.In the omission of legal system,it mainly analyzes the inapplicability of the current online ride-hailing insurance regulations,the lack of adequate insurance protection for the personal and property rights and interests of all parties,the unsound insurance access system for platforms and vehicles,and the unclear responsibilities and obligations of insurance subjects and regulatory subjects.In the judicial judgment of insurance claim settlement,this paper mainly analyzes the confusion of the application of "the duty of notice of increased danger",and holds that this basis should not be used in the judicial judgment of hitch car insurance compensation.The fourth part puts forward the legal countermeasures to solve the problem of online hitch car insurance.On the one hand,in the path of improving the legislation,one is to make it clear that online hitch rides should be insured with exclusive new insurance types.Here,it is suggested to refer to UBI insurance products,and establish a phased insurance system according to the characteristics of hitch rides.Second,to establish the insurance subject and insurance subject diversification in the stage of ride to perfect the elements of hitch car insurance;The third is to establish the compensation rules for the pooling platform.Fourth,improve the compulsory insurance access system for platforms and vehicles;Fifth,the legal liability of the insurance subject and the supervision subject should be determined respectively,and the detailed rules of punishment should be formulated.On the other hand,in the path of unified judicial judgment,it puts forward the judicial application basis for determining the liability of insurance compensation based on "the occurrence of insured accident due to significant increase in risk",and makes clear the judgment standard and the distribution of the burden of proof.Through the above two paths,in order to be able to solve the current network about the car insurance problems encountered.