Mr. Li of Tongzhou, Beijing, took over the single ride-hailing business after work, but a traffic accident occurred, the traffic police determined that Mr. Li was fully responsible, and it cost more than 130,000 yuan to repair the car, but the insurance company refused to pay compensation, and Mr. Li was helpless

Mr. Li of Tongzhou, Beijing, took over the single ride-hailing business after work, but a traffic accident occurred, the traffic police determined that Mr. Li was fully responsible, and it took more than 130,000 yuan to repair the car, but the insurance company refused to pay compensation, Mr. Li was helpless, and sued the insurance company in court, demanding full compensation from the insurance company.

(Source: Beijing No. 2 Intermediate Court,)

In fact, Mr. Li is also an employee of another insurance company, on the day of the incident, Mr. Li, as usual, opened his mobile phone after work and picked up a passenger on the hitchhiking platform.

The company is more than ten kilometers away from home, Mr. Li drives to and from work every day, and the commuting cost is also a big expense, "can save the province, there is a way to carry, at least can subsidize some fuel money." ”

Unexpectedly, there was a traffic accident on the way back, Mr. Li's car crashed into Mr. Song's car, and the traffic police determined that Mr. Li was fully responsible. It cost 66,753.9 yuan to repair Mr. Song's car, and 67,729 yuan to repair the car himself. ”

Mr. Li paid the car repair money first, and then applied to the insurance company for a claim. A month later, the insurance company issued Mr. Li a notice of refusal: he said that when the accident occurred, Mr. Li took the order for the hitchhiking, and at this time the nature of the use of the vehicle had changed, so there was no compensation.

Mr. Li's comprehensive commercial insurance policy for motor vehicles shows that the liability exemption clause stipulates that if the insured motor vehicle is modified, installed, or the nature of use is changed, resulting in a significant increase in the degree of danger, as well as the resale and resale to another person, the insurer shall be notified in a timely manner.

Mr. Lee's car is a private car and is registered as: non-operating. The insurance company believes that Mr. Li took the job of the hitchhiker and collected the money, which is a profitable act.

The insurance company believes that Mr. Li has gained benefits from taking orders by hitchhiking, but the danger of the insured vehicle has increased, and the insurance company can be exempted from liability for accidents that occur during this period.

The insurance company is only willing to pay 2,000 yuan for compulsory insurance, and the rest of the money is not lost.

Are hitchhikers classified as "operating vehicles"? In this regard, the Ministry of Communications, the Ministry of Public Security and other ministries and commissions jointly promulgated the "Interim Measures for the Administration of Online Reservation Taxi Business Services", which stipulates that hitchhiking and e-hailing are not the same concept, and hitchhiking refers to private passenger car sharing, which should be implemented in accordance with the relevant provisions of the urban people's government.

It can be seen that whether it is an operating vehicle or not, the local governments themselves have the final say. The Beijing Municipality, where Mr. Li is located, has promulgated the Guiding Opinions on Private Passenger Car Sharing in Beijing, and the second article of this Opinion makes it clear that "carpooling is a civil act voluntarily and not for profit by all parties...".

The insurance company's reasons for refusal of compensation are obviously invalid, and the local regulations of Beijing Municipality have made a clear and clear "non-profit" determination on the nature of hitchhiking, and carpooling is certainly not an "operational act".

The insurance company believed that Mr. Li's change in the nature of the use of the vehicle was unfounded.

Moreover, Mr. Li has a fixed job and is not full-time engaged in the "hitchhiking" solicitation business, and the passengers who took Mr. Li that night were only "one stop" from the company where Mr. Li worked.

Based on the provisions of the law and the comprehensive situation at that time, the court held that Mr. Li's driving home by free ride after work did not belong to the situation in which the insurance company could be exempted from liability, and the insurance company's defense opinion was not accepted.

The court ruled that the insurance company paid compensation in full within 7 days within the scope of commercial insurance and compulsory traffic insurance, totaling 134482.9 yuan.

Downwind car energy saving, emission reduction, low carbon environmental protection, is a way to advocate travel, all places also advocate "good intentions to ride together" to reduce the frequency of car use.

It is obviously inappropriate for insurance companies to classify all hitchhiking as "operational acts".

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