[Direct answer]In the Beijing area, the division of losses in traffic accidents during ride-hailing services depends on the specific form of the ride-hailing service and the liability determined by the traffic police. Paid ride-hailing services constitute a service contract relationship, and the ride-hailing company shall bear liability for damages caused by its ride-hailing drivers during the performance of their duties; according to Article 119 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if an employee of an employer causes damage to others while performing his/her duties, the employer shall bear tort liability; if a service relationship is formed between individuals, the party receiving the service shall bear tort liability according to Article 119. If it is a free ride-hailing service provided by a friend, it is usually handled as a helping hand or personal service relationship. Compensation shall generally be paid within the liability limits by compulsory auto insurance and commercial third-party liability insurance, and the insufficient part shall be borne by the responsible party according to the proportion of liability for the accident; if the vehicle owner or manager is at fault for the occurrence of the damage, he/she shall bear corresponding liability according to Article 1209. After an accident occurs, the parties concerned shall promptly report the accident to the police for liability determination, keep the ride-hailing order and payment records, and fix the insurance information. Then, the claimants shall be determined according to the contract and tort rules.

I. Problem background and typical scenarios

Hiring a driver has become a common choice after dinners or social events, but disputes often arise over who should bear the losses in the event of accidents caused by improper operation, vehicle malfunctions, or third-party violations during the driving process. Typical scenarios include: placing an order through a driving platform and having the platform or driving company dispatch a driver; free driving services provided by hotels, KTVs, etc.; driving for friends without compensation; and private single-order driving services. Under different forms, the legal relationship between the driver and the car user varies, and there are differences in the subject of responsibility, the application of insurance, and the path of recovery. With a large number of driving orders in Beijing and diverse types of disputes, clarifying the legal relationship is the first step in allocating losses.

II. Key points of contention

Firstly, whether the driver is an employee of the company or an independent contractor, and whether the responsible party is the driving service company, the platform, or the driver himself, directly determines the object of the claim. Secondly, how the liability for the accident is determined—whether the driver bears full or primary responsibility—and the liability ratio forms the basis for loss sharing. Thirdly, how vehicle insurance pays out, whether compulsory insurance and commercial insurance cover driving service scenarios, and whether there are exemption clauses. Fourthly, whether the driving service platform bears the responsibility of a dispatching unit or a carrier, and whether its defense of information matching can be established. Fifthly, whether the vehicle owner or manager is at fault and should bear responsibility, such as delivering a vehicle with known defects. Sixthly, when the driver himself is injured, who should bear his losses. Clarifying these issues is essential to determine who to claim against and the proportion of loss sharing.

III. Professional analysis by Henglue Law Firm

Based on Henglue Lawyer's practical experience in handling traffic accident and personal injury cases, the key points can be summarized from three aspects. Firstly, distinguishing the employment forms: For those dispatched by formal driving service companies or platforms, the drivers are performing work tasks, and the employing units shall bear tort liability according to Article 1191 of the Civil Code; for those forming a labor relationship between individuals, the party receiving the service shall bear liability according to Article 1192. Both parties may seek compensation from the drivers who have intentional or gross negligence. Secondly, respecting the determination of accident liability: The road traffic accident determination issued by the traffic police department is an important basis for determining liability, and the compensation amount is usually determined according to the liability ratio. Thirdly, prioritize insurance and supplement with compensation: The compulsory motor vehicle liability insurance shall first compensate within the liability limit, and the commercial third-party liability insurance shall compensate according to the agreement. If there is still a shortage, the liable party shall make up the difference. If the vehicle owner or manager is at fault, he/she shall bear corresponding liability according to Article 1209. In practice, driving service platforms often claim exemption from liability on the grounds of information matching. Whether it constitutes a dispatch or carriage relationship needs to be judged comprehensively based on the order, dispatch, and settlement methods.

IV. Practical suggestions and legal basis

Action list: First, immediately call the police in the event of an accident, obtain the road traffic accident identification certificate and determine the liability ratio; Second, save the ride-hailing order, payment records, trip screenshots, and the driver's information to identify the responsible party; Third, verify the insured status of the vehicle's compulsory insurance and commercial insurance, and promptly report the case to the insurance company for compensation; Fourth, distinguish between the ride-hailing company's dispatch and individual labor services, and claim compensation from the corresponding responsible party; Fifth, fix evidence such as medical bills and repair lists for personal injury and property damage respectively. Legal basis: Articles 116, 119, and 112 of the Civil Code of the People's Republic of China (effective from January 1, 2021), relevant provisions of the Road Traffic Safety Law of the People's Republic of China (amended in 2011) and the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents (effective from July 1, 2006). For personal injury cases, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputesServices; for those involving employment and labor disputes, you can seek adviceLabor arbitration and work-related injury compensationColumn; for those involved in contract disputes on ride-hailing platforms, they may refer to the following for reference.Business and contract disputes in enterprisesPlate. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, when it comes to paid driving services, it's important to first determine who issued the order. If the company dispatched the driver, the company will usually bear legal responsibility. Secondly, the traffic police's accident determination document serves as the basis for apportioning liability, so it's essential to obtain this document. Thirdly, insurance companies will handle compensation first, so don't just focus on seeking compensation from the individual driver. Fourthly, the vehicle owner and manager who are at fault should also bear responsibility. Fifthly, it's crucial to keep the driving order and payment receipts, as these are key to identifying the responsible parties. For matters involving recourse and enforcement, further legal action can be taken accordingly.Creditor's rights and debts, and enforcementPlate, involving traffic accidents involving criminal charges, can be dockedCriminal defense and criminal case filingFor any other difficult matters, please feel free to consult the teamSpecial services and other casesColumn.

VI. Frequently Asked Questions

Q1: If a driver-for-hire gets into an accident, should the compensation be sought from the driver-for-hire or the driver-for-hire company?

First, let's look at the source of the driver-for-hire. If the driver is dispatched by a driver-for-hire company or platform, he/she is performing work tasks. According to Article 119 of the Civil Code, the employer shall bear tort liability for the driver-for-hire, so the driver-for-hire company should be held responsible. If it belongs to a service relationship between individuals, the party receiving the service shall bear the liability according to Article 119. If a friend provides free driving services, it shall be treated as a helper. After determining the responsible party, the compensation ratio shall be determined based on the accident identification document.

Q2: What is the proportion of the losses in accidents involving driver substitutes?

It shall be based on the road traffic accident identification certificate issued by the traffic police department. If the driver is found fully responsible, the liable party shall bear all losses; if the driver is found mainly, equally or partially responsible, the losses shall be shared in accordance with the corresponding proportion. The losses include medical expenses, loss of income, nursing care expenses, vehicle repair expenses, etc. The losses shall first be compensated by the compulsory auto insurance and commercial insurance, and the insufficient part shall be supplemented by the liable party in accordance with the proportion.

Q3: If a friend causes an accident while driving for you for free, who will bear the responsibility?

Unpaid driving services are usually handled as a labor relationship or a personal service relationship. According to Article 1192 of the Civil Code, where a labor relationship is formed between individuals, if the party providing the service causes damage to others due to the service, the party receiving the service shall bear the tort liability; if the driver has intentional or gross negligence, the party receiving the service may seek compensation from him/her after making compensation, and if the driver is injured himself/herself, the division of liability shall be determined based on the fault of both parties.

Q4: Will the insurance cover the accident if the driver surrogate is involved in an accident?

Generally, insurance companies will compensate. If the vehicle is insured with compulsory insurance and commercial third-party liability insurance, the insurance company will pay compensation within the liability limit first. However, if the driver does not have a driving qualification, is a drunk driver, or there are circumstances of significant increase in danger that were not truthfully disclosed, the insurer may claim exemption from liability. After the accident occurs, you should promptly report the accident to the police, file a claim, and keep the accident determination letter and claim materials. If necessary, you can determine the scope of compensation through litigation.

Q5: What evidence do I need to prepare for a claim for an accident involving a driver for hire?

The main evidence includes: the road traffic accident determination letter, the driver-for-hire order and travel records, payment receipts, the driver's identity and the information of the company he belongs to, vehicle insurance policies, medical bills and medical records, loss of income and nursing certificates, vehicle repair appraisal documents, etc. The evidence is used to identify the responsible party, prove the scope of losses and the proportion of liability. It is recommended to fix the evidence as soon as possible after the accident to avoid the loss of key records, which may lead to difficulties in providing evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.