Passionategeekz On June 15, according to the “Wuhan Evening News”, on April 21 this year, a Wuhan citizen, Mr. Peng, had an accident while driving, and the vehicle was seriously damaged and the maintenance cost was 50,000 yuan. However, the subsequent PICC insurance company refused to pay compensation to Mr. Peng because “Mr. Peng changed the nature of the vehicle without authorization.”
It is understood that Mr. Peng works in Wuhan East and West Lake, and his wife is in Huangshi, and he commutes regularly every week. To share the travel costsSince purchasing a car in 2021, he has received orders through the hitchhiking platform, no more than 4 times a week. The total number of orders received in the latest insurance cycle (September last year to the present) is about 50 times, and has received a total of 107 orders in the past five years.。
Passionategeekz learned from the report that the claim staff of the Auto Insurance Department of the Wuhan Branch of PICC Property Insurance cited Article 52 of the Insurance Law of the People’s Republic of China, “The risk level of insured vehicles has increased significantly and the owner did not inform them, which leads to an accident. The insurance company can be exempted from liability.” It stated that Mr. Peng’s mobile phone had 107 records, and the driving route on the day of the accident deviated from the conventional path. He was suspected of taking orders by Ezhou, which exceeded the scope of normal hitchhiking, and was suspected of “operation profit.”
Mr. Peng refuted that 107 is the total number in the past five years, with extremely low frequency; Ezhou is located between Wuhan and Huangshi, and choosing non-high-speed routes is just to save money.And no order was successfully accepted on the same day. “The policy allows ride-sharing, but insurance refuses to pay.”
In response, relevant persons from the Wuhan Branch of PICC Property Insurance said, “If it is not recognized, it is recommended to resolve the dispute through litigation channels. If there is any objection, you can provide recordings, videos and other evidence to support it.”
Lawyer Liu Yuanbo, director of Hubei Penglai Law Firm, said, “If you only want to share costs, basically consistent routes, and occasionally accept orders, you cannot refuse compensation in one size fits all.” Behind this refusal is that the two parties have different interpretations of compliance standards under different interests. According to his observation, such disputes are on the rise.
In fact, the State Council’s guiding opinions in 2016 clearly stated that hitchhiking is a “shared travel” and is not for profit. However, due to different positions and the lack of operational and detailed standards, insurance companies often deal with it strictly.“Change the purpose by accepting an order” has become a common reason for rejecting claims, and car owners often fall into the dilemma of “policy encouragement, insurance refusal”。
On May 30, the relevant person in charge of the Regulations Department of Wuhan Municipal Transportation Bureau responded to this.“The insurance company has no right to make a unilateral judgment”“Hiking in the car owner’s own travel needs as the premise, publish information in advance, ride with the same route, not for profit (cost sharing or mutual assistance), and the number of rides per day is limited (Wuhan has no more than 4 times per day) is not illegal operation.”
The person in charge also admitted that in reality, it is almost impossible to require 100% overlap between the ride-hailing routes and the co-hailing routes, and should be judged in a comprehensive manner. In response to the current dispute, Wuhan City will study and formulate industry guidance rules for the “private car ride sharing” as soon as possible and build a consultation platform to resolve conflicts.
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