私家车从事网约车运营保险争议分析及应对

Analysis and Response of Insurance Dispute of Private Cars Engaged in Online Ride-hailing Operation

私家车辆从事网约车载客行为而引起了大量纠纷,结合法院判决和其中事实判断涉及诸多争议。私家车“变脸”网约车进行载客不一定都使得危险显著增加,有些只是兼职网约车司机,风险程度不符合危险显著增加的三个特性,重要性、持续性和未曾估价性。网约车载客与交通事故发生不是必然的因果关系,只是路线不确定和行驶频率增加造成事故风险增加,让保险公司承担全部责任显然违反合同和不符合法律规定,但保险公司直接拒赔商业险也有违对价平衡原则,显失公允。而采用比例原则较为合理,对于网约车这一新兴事物,相关的法律应该既是规制法也是促进法。横向考察域外有较为成熟的网约车保险,UBI车险可以考虑引入,将“人”的因素引入车险定价,具体而言,将考虑事故发生时被保险车辆的状态,以确定保险公司是否承担赔偿责任。

Private vehicles engaged in online car-hailing behaviors caused a large number of disputes,combined with the court judgment and the judgment of the facts involved in a lot of disputes.The risk of pri⁃vate cars“changing their faces”to carry passengers does not necessarily mean a significant increase in the risk.Some of them are only part-time ride-hailing drivers.The risk degree does not conform to the three char⁃acteristics of the significant increase in the risk,namely,importance,sustainability and unvaluation.There is no inevitable causal relationship between ride-hailing passengers and traffic accidents,but the uncertainty of the route and the increase in driving frequency leads to the increase in accident risks.It is obvious that the in⁃surance company should bear all the responsibilities for violation of the contract and does not comply with the legal provisions.However,the direct rejection of commercial insurance by the insurance company also violates the principle of consideration balanced,which is obviously unfair.However,it is reasonable to adopt the prin⁃ciple of proportion.For the emerging things of online ride-hailing,relevant laws should be both the regulation law and the promotion law.In the horizontal investigation,there are relatively mature ride-hailing insurance against the region.UBI auto insurance can be considered to introduce the“human”factor of auto insurance pricing.Specifically,the state of the insured vehicle for the time of the accident will be considered to deter⁃mine whether the insurance company undertakes the liability for compensation.