On The Dilemma And Solutions Of Ride-hailing Insurance Dispute From The Perspective Of The Notification Obligation On Significantly Increased Risk

Ride-hailing is rooted in the field of urban transportation,it conforms to the concept of sharing economy and links hundreds of millions of travel supply and demand information,which greatly alleviates the common problem of "difficulty in taxis" in modern society.At the same time as the rapid development of car-hailing,the problem of ride-hailing insurance law has gradually emerged.The main body of ride-hailing is mostly private cars.It is controversial whether private cars need to be insured for operating car insurance for ride-hailing.Private cars are often not insured for operational car insurance due to the consideration of saving premiums.If an insurance accident occurs,for turning private cars into commercial-use cars,resulting in a significant increase in the degree of danger,the insurer tends to refuse to pay for the failure to fulfill the obligation to notify the increased danger.The "all-and-nothing" compensation model in such cases is quite controversial,and there are also some theoretical disputes in Article 52 of the Insurance Law on which the court’s judgment is based.To this end,this paper will interpret the current situation of ride-hailing insurance claims in China based on case studies,empirical research,and foreign experience,and then propose ways to solve the practical dilemma of ride-hailing insurance.The specific research paths are as follows:The first part is an overview of ride-hailing and ride-hailing insurance.First,define the concept and category of ride-hailing,determine the definition of research objects,clarify the types and models of ride-hailing from the perspective of market practice,understand the current situation of the development of the ride-hailing market,and extract the characteristics of ride-hailing.Secondly,it explains the theoretical basis of the notification obligation of increased risk,which paves the way for the targeted research below.The second part is the dilemma of rid-hailing insurance from the perspective of the notification obligation of increased risk.This part analyzes the practical dilemma of online ride-hailing insurance from the perspectives of insuring and claim settlement.In terms of insuring,online ride-hailing lacks appropriate types of insurance,and the supply of insurance products does not match the demand of online ride-hailing.In terms of claims settlement,online ride-hailing faces the problems of legislative structure,judicial application,and practical chaos.The third part is the theoretical analysis of the refusal of compensation on the grounds that the risk is significantly increased without notice.This part interprets "significantly increased risk" and "notification obligation" respectively.First,it clarifies that the judging criteria for increased risk are significant,persistent,and unpredictable,and analyzes the application of this judgment in the context of ridehailing.Then,it elaborates the nature of the notification obligation and the consequences of a breach,to clarify the applicable rules of the notification obligation of increased risk in the field of car-hailing.The fourth part is the solution to the real dilemma of ride-hailing insurance.By learning from the ride-hailing insurance system outside the domain,our country can introduce the consideration of proportional liability and subjective factors to change the disadvantages of the all-in-one model.In terms of online ride-hailing insurance products,it suggests that our country can improve the insurance system by innovating the exclusive insurance for ride-hailing,dividing the insurance period into stages,scientifically paying the premium model,and building the data connection channel between the ride-hailing platform and the insurance company to crack the car-hailing insurance dilemma.