未销售商品车运输代驾服务责任保险纠纷典型案例三题

Three Typical Cases of Liability Insurance Disputes over Designated Driving Service of Unsold Commodity Vehicles Transport

代驾服务责任保险是随着代驾行业不断发展而产生的新兴保险类型,且运用于未销售商品车运输的情形已经较为普遍。代驾员享有代驾车辆的运行支配和运行利益,代驾公司作为雇主应当承担机动车交通事故责任,而事故无责一方作为第三人可在符合法定条件时针对保险人行使直接请求权。机动车所有权在生产厂商和销售公司之间的变动决定了交强险的投保义务人,应当适用特殊动产物权变动的交付生效规则加以确定,但物流公司不具有作为机动车管理人投保交强险的资格。尚未销售却需上路行驶的机动车依据法律规定应当投保短期交强险,虽然实践中多以单程提车保险替代,但代驾服务责任保险关于未投保交强险不负赔偿责任的免责条款,由于保险人通常未能尽到明确说明义务及其前置的提示义务,仍应认为不能产生效力。

Designated driving service liability insurance is a new type of insurance that has developed rapidly in recent years, and it has become more common to be used in the transportation of unsold commodity vehicles. The designated driver has the operation control and operation benefit over the vehicle, and the designated driving company shall assume the liability for motor vehicle traffic accident as employer. The non-responsibly party of the traffic accident may seek compensation directly form the liability insurer as the third party. The identification of the person obliged to take out the compulsory auto liability insurance depends on the change of the real right of the vehicle between the producer and seller. The transport company has no right to take out the compulsory auto liability insurance. Motor vehicles that have not been sold but need to be driven on the road should be insured for short-term traffic compulsory insurance according to the law. Although one-way vehicle collection insurance is mostly used to replace it in practice, the exemption clause of agency driving service liability insurance that does not bear compensation liability for uninsured traffic compulsory insurance should still be considered ineffective because the insurer usually fails to fulfill its explicit obligation and its pre prompt obligation.