Research On The Informative Obligation Of Risk Increases In Ride-Hailing Services

At present,the notification obligation of increased danger of online ride-hailing in China has prominent problems in practice,mainly including the definition of the legal nature of the obligation to notify the increase in danger,the determination of the significance of the increase in danger,the application of compulsory insurance,and the assumption of platform liability.Though Insurance Law and relevant judicial interpretations regulate the above issues,there are still weaknesses in response to complex and diverse judicial practices.This has caused situations in which different judgments in the same case have emerged,undermining the predictability and stability of the law.The first part clarifies the concept of the obligation to notify of increased danger in online ride-hailing such as danger and increased danger,and defines significance as the standard for determining increased risk in current practice,as well as the insured and the policyholder should perform the notification obligation in a timely manner.The second part,combined with practical judgments,sorts out the prominent controversial issues such as the legal nature,distinctiveness determination,application of compulsory insurance,and platform liability faced by the obligation to notify the increase in the danger of online ride-hailing in China.The third part of this thesis,in view of the current situation and problems,puts forward suggestions from the following four aspects.First,clarifying the informative obligation of risk increases as contractual obligation which strengthens insurers’ description obligation.Second,clarifying legal concepts such as importance,unpredictability and sustainability based on the classification analysis of increased risks,and clarifying the criteria for determining the significance of increased risks.Third,introducing the principle of proportionality into the field of insurance law,distinguishing between operating period,cruising period,and self use period to fulfill notification obligation.When the notification obligation is not fulfilled during operation,the insurer will compensate according to a certain proportion,while the insurer will obtain the right of recourse and option for compulsory insurance after settlement of the claim,and will pursue the claim based on the “internal and external differentiation” method.On the basis of the principle of proportionality,in order to further resolve the dispute over the payment of compulsory traffic insurance,it is proposed to establish the UBI insurance system,which will change from a “car-based” insurance system to a “person-based” insurance system.Forth,strengthening the platform’s regulatory responsibilities,and urging the platform to fulfill its obligation to notify the increase in danger.