How does an online car driver encounter a traffic accident?

At present, ride -hailing cars have become one of the ways of transportation for public travel. Traffic accidents in online ride -hailing causing the vehicle to be damaged and unable to operate. How can the driver claim that his shutdown loss during the suspension? What evidence is needed? What is the payment standard? Recently, Huang Can, the president and member of the Fourth Champion of the People's Court of Yuhang District, Hangzhou City, Zhejiang Province, answered this.

The owner of the online car is the driver himself, you can directly advocate the loss of the loss

On December 3, 2021, when Mr. Wei drove a bus passing through a section of Yuhang District, Hangzhou City, he collided with a car driving with Mr. Liu in accordance with the traffic regulations. Both vehicles were damaged. After being determined by the public security traffic police department, Mr. Wei was responsible for the accident and Mr. Liu was not responsible.

In this case, the owner of the car registered by Mr. Liu was himself and obtained the "Online Reservation Taxi Transport Certificate" issued by the transportation management department. The maintenance time of the car from the car from December 4, 2021 to December 23, 2021. Mr. Liu and Mr. Wei had unsuccessful losses and losses, and sued to the Yuhang District People's Court in Hangzhou.

The court tried that in this traffic accident, according to the party's statement and valid evidence provided, Mr. Wei was responsible for the accident, and Mr. Liu had no responsibility. Regarding the compensation of the accident, all the cars of Mr. Liu were ride -hailing, which belonged to an operating vehicle. Mr. Wei drove the buses to implement infringement and caused damage and maintenance of the ride -hailing car.

The judge Huang Can explained in the case that the "Explanation of the Supreme People's Court on the Application of Laws on the Case of Compensation of Road Traffic Accident Disables" was explained Article 12 " The people's court should support: (3) Vehicles engaged in business activities such as cargo transportation, passenger transportation, etc., because of the reasonable suspension loss of the corresponding operating activities ", after traffic accidents in operating vehicles occur, after traffic accidents occur, If the relevant right holder claims to suspend the loss, the infringer shall pay compensation. Therefore, Mr. Wei should compensate Mr. Liu due to the reasonable suspension loss caused by the unable to engage in the corresponding business activities.

On April 11 this year, the Yuhang District People's Court ruled that according to factors such as the suspension time stated in the valid evidence submitted by Mr. Liu and related industry habits, the loss of the loss of Mr. Liu for the suspension of the traffic accident as appropriate was 400 yuan/ God × 19 days = 7600 yuan.

Online car users need to submit the "owner's right to transfer right" certificate

On September 23, 2021, when Mr. Li drove a red car to a right section of Yuhang District, he turned right with the white car driving with Mr. Zhao on the right side. The collision of the black car caused damage to the black car. According to the public security traffic police, Mr. Li was responsible for the accident, Mr. Zhao was responsible for the accident, and Mr. Xu had no responsibility.

In this case, the black car registered by Mr. Xu was registered as a company B and obtained the "Online Reservation Taxi Transport Certificate" issued by the transportation management department. After the accident, the black car was fixed by the insurance company and was repaired by Company C. After the maintenance, Company C issued a certificate of maintenance, proved that the maintenance time of black cars from September 23, 2021 to November 10, 2021. Mr. Xu and Mr. Li and Mr. Zhao had unsuccessful negotiations and losses to the Yuhang District People's Court.

At the beginning of March this year, the court filed by the court told Mr. Xu that although he was the actual user of a car, because he was not the actual owner of the vehicle, so only the written material of "the owner transferred the right to the suspension of the losses" can Become the subject of the presence of suspension losses. In addition, the filing staff also informed Mr. Xu to claim the other materials required for the loss of the loss. As a result, Mr. Xu went to Company B to issue the "Transfer Book of Equity and Integration", which contained the company B to transfer the right to the black car due to this accident and all other related rights and interests to the actual user of the car.

The court trial believes that all the black cars of Company B are online car and belong to operating vehicles. Mr. Li and Mr. Zhao have performed infringement as a vehicle driver, causing the black car to be damaged and maintained and suspended. According to Article 12 (3) of the Supreme People's Court on the Explanation of the Supreme People's Court on the Application of Laws in the Case of Compensation of Road Traffic Accidents ", Mr. Li and Mr. Zhao shall compensate Company B in a reasonable reasonable reason for the reason for the unable to engage in corresponding business activities. Discontinue loss.

On April 6 this year, the Yuhang District People's Court made a verdict. According to the stop time stated in the valid evidence submitted by Mr. Xu and related industry habits, it was determined that Mr. Xu's suspension due to a traffic accident was 400 yuan/day. × 49 days = 19600 yuan, the loss is based on the main responsibility ratio, and Mr. Li bear 70%, that is, 13720 yuan, and Mr. Zhao bears 30%, that is, 5880 yuan.

Profile to suspension losses to submit certificates different materials

Proposal suspension loss is the legitimate rights given to the online car driver. However, when the driver of the online car is the owner of the car or the non -owner of the online car driver, the certification materials submitted during the claim that the loss of shipping losses are different.

Huang Can explained that when the driver of the infringed vehicle is the same person as the owner, the driver sued only to provide a vehicle driving license; if the same person, the driver sued "the right of the owner's transfer of the right to stop transportation" The written materials, or the driver's lease contract involved in the vehicle (such as the vehicle lease contract in the driver's hand is not directly signed with the owner, but also needs to provide the vehicle lease contract between the intermediate leasing company and the owner), which is convenient for confirming the mention of the mention of the provision of the lift Whether the plaintiff of the lawsuit is a pretty subject of suspension of losses. At the same time, the "Online Appointment Taxi Transport Certificate" issued by the transportation management department is convenient for confirming whether the infringed vehicle is engaged in operating vehicles and drivers qualification for online car driving. The "Certificate of Maintenance Time" issued by the maintenance agency is convenient to confirm the suspension of the infringing vehicle after the accident.

In addition, before the accident, the "online car management flow detailed" can be confirmed that the income of the infringed vehicle before the accident; Essence (□ Reporter Tang Yu correspondent Liang Fang)

Source: Democratic and Legal Times

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