Research On Legal Issues Of Online Car Insurance

In recent years,as the "Internet +" new economic development model continues to evolve,taxis have evolved from the past "beckon and stop" to the present "one click".Driven by the rapid development of sharing economy,online car Hailing has become an important way for people to travel.In July 2016,China promulgated the Interim Measures for the management of the operation and service of online reservation taxi,which gives the legal status of online car hailing and provides an important basis for dealing with online car Hailing traffic accidents.In recent years,with more and more private car access platforms entering into the network car Hailing service industry,there are more and more disputes related to network car Hailing insurance.In China,there have been many cases in which the insurance companies refuse to pay within the scope of commercial insurance for changing the nature of vehicles without permission after the traffic accidents of private cars,resulting in the interests of all parties in the traffic accidents can not be effectively protected.In addition,the phenomenon of insurance fraud in the operation of online car hailing and the problem that the existing online car Hailing insurance products can not meet the actual requirements have also attracted more and more attention.In China,the structure and type of network car Hailing are complex,the nature and risk are different,and the main body is diverse,which leads to the complex legal relationship in the operation process of network car Hailing.The existing network car insurance system is imperfect,the division of insurance period is unreasonable,and the setting of insurance rate is unscientific.Although relevant laws and regulations regulate the online car Hailing industry,they ignore the issue of online car Hailing insurance.To improve the relevant system and laws and regulations of online car Hailing insurance so as to help online car Hailing out of the insurance claims dilemma has become a practical problem that needs to be solved.Based on the analysis of the insurance problems faced by China’s online car Hailing industry,combined with the overseas online car Hailing insurance system,the author proposes to solve the current insurance problems in the online car Hailing industry from four aspects.First,establish the insurance access system,through the joint supervision of the government and the online car Hailing platform,ensure that there is insurance guarantee in the operation process of online car hailing,and reduce the risk of online car Hailing operation;second,reasonably determine the insurance period and related insurance types of online car Hailing by referring to the mode of "divided period + auxiliary insurance" in the United States;third,abandon the traditional insurance pricing mode,and promote the new type of UBI commitment The insurance mode is to set up a scientific insurance rate for online car Hailing;fourthly,open the data channel between online car Hailing platform and insurance industry association platform to prevent online car Hailing insurance fraud and reduce the cost of online car Hailing claims.