Analysis On The Cases Of Liability Disputes In The Traffic Accident Caused By The Online Appointment Driving Service

Recently,the driving service through the online appointment driving service platform has been widely accepted by the public due to its convenience,and many traffic accidents occur during this service.According to analysis and statisiticas this new type of cases,there have three main issues in judicial practice.One is the legal relationship between the driver and the online appointment driving service platform;the other is the legal relationship between the customer and the online appointment driving service platform;and the third is whether the insurance company of motor vehicle damage insurance has the right of subrogation.Firstly,since the driver ’s job is free and flexible,traditional labor relationship subordination standards,i.e.,personality subordination,economic subordination,and organizational subordination,cannot fully meet the labor relation identification standards.It is impossible to determine the labor relationship constituted by the driver and the online appointment driving service platform based on the law stipulates.Chinese scholars are mainly approbate synthesis theory.According to analysis we find that the driver and the online appointment driving service platform are deemed to be eligible.The main body and the driver have a certain personal dependency on the online appointment driving service platform,the driver has the right to claim compensation after completing the service,and the online appointment driving service provided by the driver is an important part of the online appointment driving service platform’s business.They all comply with the legal provisions and academic research about determination of employment relationship,so it can concluded that the driver and the online appointment driving service platform constitute an employment relationship.Secondly,according to the legal and academic analysis of the appointment driving service,it can be concluded that the asker and the online appointment driving service platform are the two parties of the online appointment driving service contract and the online appointment driving service contract is focused on the outcome.The online appointment driving service platform is not subject to the management and control of the asker,and has no personal dependency.It should be determined that the asker and the online appointment driving service platform constitute a contractual relationship.Finally,it can considered that insurance companies have the basic right to exercise subrogation claims,the driver and appointment driving service platform are “third parties” as stipulated in Article 60 th of the Insurance Law,and the driver and online appointment driving service platforms are not the object of restricting the exercise of subrogation claims stipulated by the Insurance Law.The insurance company which underwrites motor vehicle damage insurance has subrogation claims.