Primary problem: Downwind car does not make the argument of insurance company rejecting claims
-- 3 quadrangle of Beijing adjudicate Li Mou appeals to desk of dispute of contract of insurance of property of branch of Beijing of Pacific Ocean insurance
Juridical argument
The driver uses illicit home car to be engaged in downwind car serving to did not change the use character of car, if traffic accident produces in the process here, insurance company must not bring about dangerous level to increase significantly with change of car use character for reject to compensate for.
Details of a case
November 2016, li Mou produces branch of insurance Inc. Beijing in big fortune of Chinese peace and tranquility (insurance company of the following abbreviation) cast protect make strong danger and commercial narrow pass, protect danger responsibility to absolve a part to include among them: Be changed to use property by safety motor-car, insurant informs an underwriter not in time, and because the change uses property,bring about be increased significantly by level of safety motor-car risk.
On July 9, 2017, li Mou receives downwind car sheet from network platform, column contact is protected with road in car travel, cause the car total loss, damage that protect column, door of the Ministry of Communication is maintained for home remedy liability accident. Li Mou meets with to insurance company claim for compensation after refus. Insurance company thinks, li Mou was engaged in downwind car changing car to use property, bring about dangerous level to increase significantly, should not compensate for.
Judgment
Beijing connects court of state division people to think via cognizance: When accident happening, li Mou drives to accept the order with Yu Shunfeng car, downwind car with the car advocate established purpose is terminus, take by the way, the purpose depends on apportion travel cost, go up objectively won't bring about car to use frequency to increase; At the same time because be taken by the way, travel limits also is in reasonable can accuse limits inside, did not bring about car risk level because of this to increase significantly. Insurance company should be in reason the loss that Li Mou recoups inside insurance limit range. Satisfy a court decision: Insurance company compensates for charge of loss of Li Mou motor vehicle 61646 yuan, damage highway facilities cost 3600 yuan.
Insurance company refuses to obey mention appeal, beijing thinks after cognizance of court of the 3rd intermediate people: Consult " the network makes an appointment cab manages a service to run temporary measure " (the following abbreviation " temporary measure " ) regulation, the net restricts a car is the network makes an appointment the abbreviation of cab, read aloud with entirely with downwind Che Fei. Li Mou's behavior should be limitted for downwind car, not from the character of domestic for private use that changes car substantially, insurance company rejecting claims lacks a basis, reason court decision: Reject appeal, maintain original judgement.
Review analyse
1. net makes an appointment with car and the notional distinction that arrange the windmill
" temporary measure " the 2nd regulation: "Be engaged in a network making an appointment cab (net of the following abbreviation restricts a car) management service, ought to observe this way. This method place says the net makes an appointment with a car to run a service, it is to show with Internet the technology builds service platform to rely on compose, information of integrated supply and demand, use the car that accords with a condition and driver, offer what blame make one's rounds swims to make an appointment the management activity that cab serves. " thirteenth regulation: "Branch of director of administration of service seat cab depends on car everybody or the net makes an appointment with car platform company to apply for, press dozenth after the conditional examine and verify of a regulation, rent to make an appointment to according with a condition to be registered the car of passenger transport, extend " the network makes an appointment cab carries card " . " consult this regulation is knowable, the net restricts a car is the network makes an appointment not only the abbreviation of cab, because its are had,also manage property and need to deal with relevant examine and verify and card to notify procedure.
Next, " temporary measure " thirtieth sets 8 times: "Private small passenger car closes by, also call spell car, downwind car, concern a regulation to carry out by urban people government. " from this knowable, in afore-mentioned administrative regulations, downwind car and net restrict a car and be different from one concept, and the management of downwind car should be undertaken lawfully by urban people government.
On this foundation, beijing came on stage " private small passenger car adds up to Beijing multiply a travel guidance opinion " (the following abbreviation " close by the opinion " ) . Its set the first times: "Private small passenger car closes by, also call spell car, downwind car, be release a travel information beforehand by the person that close to be offerred by the service, the small passenger car that gives the person selected choose with a same line to take a driver, apportion adds up to those who take a part to give a cost (fuel is expended and pike) or help each other freely share a travel means. " this downwind vehicle concept that brings into administrative plan clearly to make. Its set the 2nd times: "Close multiply a travel to serve as a driver, add up to the person that multiply to reach add up to each to serve platform by information freewill, the civil action that is not a purpose with gain, the regulation of relevant responsibility obligation according to concerned law laws and regulations by close to be assumed by each proper motion. " the other city regulation about downwind car, afore-mentioned standards with Beijing very much the same, from which knowable, downwind car is not a purpose with gain, also be not battalion use act.
On put together, the net makes an appointment with car and suitable windmill to be not same idea, the essence that the net restricts a car still is cab, the purpose depends on battalion carrying, car is mixed related reason practitioner, need to accord with relevant condition and the process of examine and verify with due classics; And the purpose of downwind car depends on helping each other, be not battalion carry, reason does not need to perform afore-mentioned procedures, also need not deal with car to use the variation of property.
2. arranges the cognizance condition of the windmill
The generation means of downwind car basically has two kinds, it is a driver, add up to the person that multiply to reach a travel apiration directly; 2 it is a driver, add up to platform of information of have the aid of of the person that multiply to reach a travel apiration. In practice, the 2nd kind already took the main aspect.
In the driver, after adding up to the person that multiply to reach apiration through information platform, carry see sb off of the driver restricts a car to attribute downwind car or net, judgement element basically has two: It is information platform offer carry a kind; The 2 fare levels that are driver collection. " close by the opinion " in set information platform to should close according to formulary computation by apportionment of expenses, press close by each square number apportion, other city also is such more. See to the driver of downwind car word, the charge of its collection is not him to calculate, push to its by information platform however send. Reason this, if the driver registered suitable windmill in information platform, borrow this to receive downwind car sheet to depend on collection of platform calculative standard cost cost, can consult the opinion is medium related local government driver, add up to platform of the person that multiply, information " collaboration " means, what cognizance driver is engaged in is downwind car behavior.
3. net makes an appointment with the insurance manage compensate of car and suitable windmill
Inside existing rules limits, the net makes an appointment with a car to have the quality of battalion carry car, and the insurance cost standard that insurance company carries to battalion car and existence of car of the carry that be not battalion differ, the reason is carrying at battalion the dangerous level of car is more than car of the carry that be not battalion apparently. Reason if car of domestic for private use is engaged in a net for a long time restricting a car, should fulfill to insurance company tell obligation, be like idle at fulfilling, criterion after traffic accident happens, insurance company can agree the view avoids compensate by contract.
To downwind car, its did not change the use character of car, still be domestic for private use, just be based on help each other freely or the need of apportion cost took other fellow traveller; In addition, close taking action is with the car advocate give a course and convention to use car to be a foundation normally, can not bring about because of this be increased significantly by the dangerous level of insurance car. Reason this, insurance company cannot serve as the reason of rejecting claims with this.
This record record date: (2017) Beijing 0112 civilian first 30683, (2018) Beijing 03 civilian eventually 2038
Case writes a person: Beijing Sun Jing of Shi Zhijun of court of the 3rd intermediate people
