Case Study On Civil Liability Of Platform In Traffic Accident Of Private Car Of Online Hailing

As a product of the sharing economy,online car hailing not only brings fast and convenient travel experience to the public,but also revitalizes idle resources in the society.However,many legal problems caused by frequent traffic accidents of online ride-hailing can not be ignored.Due to network about car accident compared with general motor vehicle traffic accident increased the network platform,the subject about car and nets about private cars model between platform with other subjects of legal relationship is more complicated,and combined with the current our country has not formed the civil liability of this kind of dispute platform clear and specific provision,result in practice have formed the different connection with the given situation.Therefore,in-depth study of the legal issues involved in traffic accident dispute cases of online car hailing has practical theoretical and practical significance.In traffic accidents involving online private cars,there are three types of subjects that may be harmed,namely passengers,drivers and third parties.There is no consensus in theory and practice on whether the online ride-hailing platform should be liable for damages for these three types of subjects.The key to whether ride-hailing platforms should bear responsibility lies in two aspects: first,the identification of the legal status of ride-hailing platforms;The second is the clarification of the legal relationship between ride-hailing platforms and drivers.In the mode of online private car booking,the legal status of the online car booking platform should be the carrier in the online car booking passenger service for the following reasons: First,the online car booking service conforms to the basic characteristics of passenger service,and the rights and obligations of the online car booking platform are similar to those of the carrier.Secondly,the trust foundation of passengers when taking ride-hailing comes from the ride-hailing platform.From the perspective of passengers,the platform is the opposite party of their contract.Third,as the originator and organizer of ride-hailing services,ride-hailing platforms have opened the danger of infringement of ride-hailing services,and they have the obligation and ability to control the reality of the danger.Fourthly,ride-hailing platforms should assume corresponding responsibilities for the benefits they have gained from the operation of ride-hailing services.As for the legal relationship between the ride-hailing platform and the driver,it is an accidental partnership without an organization,for the following reasons: First,there is a partnership agreement between the platform and the driver on the operation of ride-hailing services.Secondly,ride-hailing platforms and drivers are equal parties.They jointly operate ride-hailing travel services with information data,vehicle and labor contribution respectively.Thirdly,the profit distribution between the ride-hailing platform and the driver in accordance with the agreed proportion and mode can prevent the realization of the risk of infringement of ride-hailing to a certain extent,and both have operational control and operational interests for the operation of private cars.Fourthly,the cooperation between the ride-hailing platform and the driver is based on each order of the ride-hailing platform.The cooperation is temporary and case-like.To sum up,in the mode of online private car booking,the legal status of the online car booking platform is the carrier of the online car booking transport service,which establishes an occasional partnership with the driver.Therefore,ride-hailing platforms should be liable for compensation for the traffic accident damage occurred in their operation.In the traffic accidents of online private cars,the liability types and scope of the online car booking platform are also different due to the different damage subjects.When the traffic accident of online private car causes the passenger’s damage,the passenger can claim the tort compensation to the fault party based on the liability confirmation of the traffic accident.At this point,the liability of the ride-hailing platform and the driver shall be limited to the fault of the ride-hailing party in the traffic accident.In addition,passengers can claim liability for breach of contract against the ride-hailing platform based on the passenger transport contractual relationship between the passenger and the ride-hailing platform,regardless of whether the traffic accident can be attributed to the ride-hailing platform without intentional or gross negligence.Of course,the ride-hailing platform can seek compensation from the responsible third party after assuming the liability,and share the responsibility internally according to the legal relationship between the platform and the ride-hailing driver.If the passenger side is at fault for the traffic accident damage,it should also share certain responsibility.When the third party suffers from the traffic accident of the online private car,the online car-hailing platform only bears the corresponding tort liability under certain circumstances,and the principle of imputing tort liability is different because the third party is divided into motor vehicle and non-motor vehicle.When the third party is a non-motor vehicle,the liability principle of no-fault liability should be applied to determine the liability of the platform party.When the third party is a motor vehicle,the premise for the online ride-hailing platform to assume liability is that one party of the online ride-hailing vehicle is at fault for the occurrence of the traffic accident.The ride-hailing platform shall assume joint and several liability externally based on the fault of one of the ride-hailing parties and the accidental partnership between the ride-hailing party and the driver,and share the liability internally with the driver as agreed.When a driver of an online ride-hailing vehicle suffers from a traffic accident caused by an online private car during operation,and there is no intentional or gross negligence in the traffic accident,the driver’s damage shall be identified as a business loss.Ride-hailing platforms shall share the loss according to the proportion of profit distribution between them and drivers based on accidental partnership.The identification of faults of ride-hailing platforms is related to the performance of their obligations.In the ride-hailing service,the platform has the obligation of auditing the ride-hailing vehicles and drivers and the obligation of safe transportation for passengers.If the platform fully performs the above obligations,even if the traffic accident damage occurs in the online ride-hailing service,the platform does not need to assume any liability or can hold the fault party liable after assuming the liability.However,if the Platform fails to perform part of its obligations,it shall bear the liabilities corresponding to such obligations.