All media reporter Li Tao of Xiangtan Daily

Passenger Xiao Ya (pseudonym) was very depressed. She placed an order on the platform of the hitchhiker. But the driver of the hitchhiker arrived with a car that was inconsistent with the information on the platform, and she didn't care. Unexpectedly, when a traffic accident occurred on the way, who would bear the loss? In the end, Xiaoya sought justice through legal channels.

On January 6, 2022, Xiaoya and Mr. Hu reached a travel agreement through a hitchhiker information service platform, and agreed to take the Xiang XX car driven by Mr. Hu from Changsha to Xiangxiang the next day. On the same day, Xiaoya paid 123.4 yuan to the ride platform.

The next day, Xiaoya contacted Mr. Hu through the phone provided by the information service platform of the hitchhiker, and took the Xiang YY minibus driven by Mr. Hu. However, when driving to the Shanghai Kunming Expressway, Hu drove too fast to the left, causing the vehicle to lose control and scratch the guardrails on both sides of the expressway. The accident caused the vehicle to roll over and hurt Xiaoya.

Afterwards, the traffic police determined that Hu was fully responsible for the accident. It is identified that Xiao Ya's left elbow open injury, left proximal ulna comminuted fracture, etc., is a Grade 10 disability.

In addition, it was found out that Xiang YY had taken out compulsory motor vehicle traffic accident liability insurance in insurance company B; Xiang XX car has insured tailwind accident insurance with insurance company A. The effective period of insurance is from the time when passengers click "Confirm boarding" to the time when passengers get off and the journey ends.

In the case of unsuccessful negotiation, Xiaoya sued the driver Hu, a hitchhiker information service platform company, insurance company A and insurance company B to the court for compensation for medical expenses, disability compensation, nursing fees and other losses totaling about 230000 yuan.

The court held that Hu should bear the corresponding compensation liability for Xiaoya's losses. During the court hearing, whether insurance companies A and B should bear insurance liability within the insurance limit and whether a free rider company should bear civil liability became the focus of debate.

In the end, the court decided at its discretion that a downwind vehicle platform company should bear 30% of the compensation liability, and Mr. Hu should bear 70% of the compensation liability. Xiaoya's losses totaled more than 232000 yuan, of which 69000 yuan should be borne by a downwind company, and more than 163000 yuan should be borne by Hu.

Relevant people remind that at present, "hitchhikers" generally rent cars through the network platform. When passengers choose to travel by hitchhikers, they should also carefully check whether the information on the online order is consistent with the actual vehicle they take. In case of inconsistency, they should consider whether to take the bus. Otherwise, because the insured vehicle is not consistent with the accident vehicle, there is a risk that the insurance company will refuse to compensate.