西南石油大学学报(社会科学版) ›› 2020, Vol. 22 ›› Issue (5): 62-68.DOI: 10.11885/j.issn.1674-5094.2020.06.09.01

• POLITICS AND LAW • Previous Articles     Next Articles

The Insurance Liability of Net-Contracted Hitch Rides——A Discussion on Article 52 of the Insurance Law

Pei Liping, Hu Fangyuan, Li Sen   

  1. Law School, Huazhong University of Science and Technology, Wuhan Hubei, 430074, China
  • Received:2020-06-09 Online:2020-09-01 Published:2020-09-01

Abstract: Net-contracted hitch ride is different from other net-contracted car-sharing services like tailored taxi service or fast ride. Involvement in the ride-sharing business does not necessarily turn a private car into an operating vehicle. The insurance liability for accidents should be determined based on a significant increase in the risk of the insurance subject. When doing the ride-sharing business does not result in the significant increase in accident risk,the insurance company should settle the claims. At the same time,to balance the interest relationship between the insured and the insurer,the proof responsibility of the insured will be increased, and the car owner will bear the burden of proof for the fact that the vehicle is for private use and offering car sharing halfway when the accident occurs. On the other hand,it is also necessary to innovate insurance design for net-contracted car-sharing services by offering additional operating insurance for ride-sharing vehicles to the original commercial insurance for motor vehicle, so as to provide improved insurance service on the basis of UBI vehicle insurance model.

Key words: net-contracted car-sharing, insurance liability, insurance type, vehicle nature, burden of proof

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