Who will bear the liability for compensation in the delivery of a person who hurts pedestrians in the delivery of the little brothers?

During the delivery of takeaway brothers, the pedestrian was injured during the delivery process, causing pedestrians to be damaged by the injured vehicle. The company has purchased accident insurance for the takeaway brother. How to allocate the liability for compensation?

Takeaway riders who have been injured by the tranquility to bear the main responsibility

Liao Mou registered a rider for a real -name for a takeaway app. In the early morning of January 23, 2021, Liao Mou collided with pedestrian Lin Mou, a pedestrian crossing the road during the take -out running service process, causing Lin Mou to be injured and his vehicle damage. The traffic police department determined that Liao and Lin had the main responsibilities and minor responsibilities of the accident.

After the accident, Lin was hospitalized for 37 days, and the medical expenses were 156292.91 yuan.

There is a cooperative relationship between a takeaway APP and Company A, which stipulates that the management of the distribution area and during the delivery service shall be responsible for Company A. In the process of registering the rider, Liao needs to agree with the "Internet Delivery Agreement" provided by Company A before it can be registered successfully.

The content of the agreement is as follows: In order to ensure your security during the delivery service provision, the company will insure accident insurance for you; any third party losses caused by your reasons, you should bear the liability that includes but not limited to compensation; The company is responsible for dealing with all the problems that you occur during the delivery service, but are not limited to problems such as employment, service quality, accidents, disputes, etc.

In addition, as an insured, Company A used Liao as the insured, and insured in Ping An Financial Insurance in Ping An Financial Insurance through electronics insurance. At 0:00 to 1:30 on January 24th, the third party liability expansion clause agreed to each person's compensation limit of 20,000 yuan per person, and the cumulative compensation limit was 250,000 yuan.

After the incident, the insurance company had claimed 100,000 yuan to Lin.

Liao Mou, takeaway company, company A and insurance companies appealed to the court, asking the above defendants to jointly compensate their medical expenses, misunderstandings, nursing fees, and nutritional expenses.

The second trial of the Guangzhou Intermediate People's Court: Insurance companies pay 100,000 yuan to Lin; Company A pays 173769.02 yuan to Lin.

Judge said: Company A should be liable for compensation.

Wang Huiwen, judge of the Guangzhou Intermediate People's Court, said that in this case, the relationship between Company A and takeaway service personnel should be a labor employment relationship, not inheritance.

First, from the content of the "Internet Delivery Agreement" provided by Company A, Company A has confirmed that the service provider is the service staff of the company, and the service activities of the service staff are proposed according to the revision of the "Distribution Service Specifications" from time to time. Requirements, Company A has clear requirements for Liao's delivery service time and route through the platform, indicating that the two parties are not completely equal to the contractual relationship between civil subjects, but have attributes with certain management and management relationships.

Second, the business scope of Company A includes human resources services, road cargo transportation, etc. It performs the company's business content through takeaway service personnel. In the above agreement The agreement on the accident and other issues, therefore, Liao and Company A are in line with the characteristics of labor and employment relationships. In the process of fulfilling his duties, the accident involved shall be liable for compensation by Company A. After Company A is liable for compensation to the outside world, it can recover Liao Mou in accordance with the agreement or law.

The judge said that with the development of network technology, more and more people have obtained goods through online distribution, but cases of infringement damage due to irregular management such as takeaway service personnel have also increased.

The judge reminds:

First of all, takeaway service staff should raise awareness of safety, strengthen transportation of transportation tools, comply with road driving regulations, and reduce traffic accidents caused by their own reasons.

Secondly, the platform and labor service companies should implement the main responsibility and strengthen the standardized management of safety awareness and vocational skills of take -out service personnel.

Finally, it is best to disperse the liability for damages due to traffic accidents and other methods to protect the rights and interests of all parties.

Text/Guangzhou Daily · Xinhuacheng Reporter: Wei Lina Correspondent: Wang Huiwen Guangzhou Daily · Xinhuacheng Editor: Long Chengliu

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