Caricature ／ Gao Yue
Huang Jie of reporter of daily of □ legal system
Sun Jing of Shi Zhijun of legal daily reporter
Mr Li is in in downwind car business, produce traffic accident carelessly, insurance company thinks he pursues operation action when the accident, basis clauses should avoid compensate. Recently, classics of court of the 3rd intermediate people tries Beijing think, the rejecting claims reason of insurance company is not had at the law according to, answer to recoup a loss inside insurance extent of liability.
In November 2016, mr Li is cast in some insurance company protect make strong danger and commercial narrow pass, protect danger responsibility to absolve a part to include: among them? Skip of of of inn of pagoda tree O seeks insurant of? of calamity of narrow one's eyes of Guan A Chinese-style unlined garment to inform 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 19, 2017 midday, mr Li receives a downwind car passenger through the platform on some line, when start off travel, dash against of Mr Li car road center protects column, it is home remedy liability accident via handing in tubal branch to maintain. But when manage compensate applying for to insurance company in Mr Li, insurance company is used actually at operation with experience case car however, car uses character change, for the agreement that violated insurance law and insurance contract, reject manage compensate.
Then Mr Li is sued to the court, agreement of contract of basis of requirement insurance company undertakes manage compensate to his loss. Beijing connects court of state division people to think via cognizance, when accident happening, mr Li uses downwind car to accept the order, this action won't bring about the dangerous level of accident of car happening traffic to increase significantly, accordingly insurance company cannot be avoided duty, reason adjudicates insurance company agree carries the liability to pay compensation that insurance contract agrees.
Insurance company refuses to obey, appeal reachs Beijing court of the 3rd intermediate people, think Mr Li registered the express of the platform on some line and downwind car business at the same time, and even if the downwind car on platform, also be different from commute daily take by the way, partake the behavior of fat fee, the court cannot rely on business name to hold a fact only.
Classics cognizance, 3 quadrangle think, according to relevant law laws and regulations, the ability after the net makes an appointment with a taxi to should deal with relevant operation certificate to illuminate throws operation, and downwind car belongs to private small passenger car to close by, it is freewill, the civil action that is not a purpose with gain, behavior of operation of and rather than. According to Mr Li accept the order that day terminus of frequency, course lives with its the evidence such as charge of area close, collection, can maintain Mr Li to should be downwind car in the behavior when be or get out of danger. Accordingly Mr Li did not change car to use property, close taking action also is with the car advocate a normal travel course and convention use car to be a foundation, the dangerous level that won't cause car accordingly increases significantly. Accordingly, 2 careful rejected 3 quadrangle the appeal of insurance company, the ruling maintains original judgement.
Downwind car is not a net to make an appointment with behoove of car be or get out of danger to obtain compensate
■ with case commentate law
Our country " the network makes an appointment cab manages a service to run temporary measure " (the following abbreviation " temporary measure " ) the 2nd regulation, 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. 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, after the conditional examine and verify that presses 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.
" temporary measure " return a regulation, private small passenger car closes by, also call spell car, downwind car, concern a regulation to carry out by urban people government. That is to say, 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. 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, need not deal with car to use the variation of property.
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.
(does responsibility edit: ? Zhe Bo?
