I found the driver on behalf of the driver. Who will bear the "cost"?

Three tours

Find a driver

Who can think of

Driver

Isn't it an employee of the driving company?

Find someone to work on behalf of people, but accidents occur accidents

Losses

On April 18, 2021, Jiujiang, Jiangxi, Shen called Master JJ88600 through a Beijing company on behalf of a company. Who knows, the master has something to do, and temporarily arranged for the work of driving on his generation.

When Zongmou drove a certain brand of Shen, when he turned right at the intersection, he collided with an electric bicycle.

After the accident, the first brigade of the traffic management detachment of the Jiujiang Public Security Bureau of Jiangxi Province determined that Zongmou was responsible for the accident. Shen's car was sent to the 4S shop for a fixed loss, and the maintenance fee was 13,000 yuan.

Shen said a Beijing company's driving platform and Zongmou to the People's Court of Puyang District, Jiujiang City, Jiangxi Province, and asked to compensate for the loss of vehicles.

Zong Mou did not agree with compensation. He thought that he was only doing the work of driving. He was performing his duties.

A company in Beijing did not agree to compensate Shen's loss. The company believes that the driver who sent the order is Master JJ88600, not Zongmou. The company sends Shen's driving information to Master JJ88600, a driver with a legitimate driving qualification. Shen and Master JJ88600 have established a relationship of driving agreement, but did not establish a driving relationship with Zongmou, so they did not agree with compensation.

Court: After the company compensates for losses, it can claim the right to Zongmou

After trial, the People's Court of Jiujiang City, Jiangxi Province believed that Shen called for driving service through a Beijing company on behalf of the driving platform. After a company in Beijing undertakes the service, it shall arrange a driver with a legal driving qualification to send Shen to his destination safely and ensure that Shen's personal and property loss will not be damaged.

Shen did not know what the relationship between Zongmou and a company in Beijing sent a single driver JJ88600. Therefore, Shen Mou has reason to believe that Zong is a driver sent by a company in Beijing, and a company in Beijing should be liable for compensation.

After a company in Beijing compensated Shen, if he believed that Zong Mou had improper behavior in the service process, he could claim his right to Zongmou in accordance with the law. In summary, the People's Court of Liyang District, Jiujiang City, Jiangxi Province made a verdict that a company in Beijing compensated Shen Mou to the maintenance fee of 13,000 yuan.

Reminder: It is more secure to find a driver like this

How to effectively protect your rights and interests when consumer consumption?

First, choose a regular driving platform. When selecting driving services, you must choose a regular driving company to call on behalf of driving through a regular platform. After the order is placed through the APP, consumers and driving companies have formed a contractual relationship. Consumption disputes, accident responsibilities, etc. will be held accountable to the driver or borne by the platform. After the driver arrives, it is necessary to confirm the driver's information on the platform to avoid replacing them.

Second, carefully identify the identity of the driving. Choose a single -handed driving on the restaurant, restaurant, bar, or KTV door to be cautious. You need to check the driver's platform work permit, driver's license and mobile phone number. At the same time, take pictures and retain the relevant information of the driver in order to show their rights or report to the public security organs when the dispute is generated.

Third, retain the vouchers to facilitate rights protection. After arriving at the destination, you must collect consumer vouchers, invoices, or screenshots of consumer orders. Instant consumption disputes should be negotiated with the merchant platform as soon as possible. If the negotiation fails, call the 12315 complaint to report the right to defend rights in accordance with the law.

Source: Public Number@来 来 来, Jiangxi Court

Picture source:@图片 图片

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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