论网约车危险显著增加与保险法应对

网约车是互联网技术在出行领域的具体应用,投保人改变投保车辆的用途导致投保标的危险程度显著增加,保险人是否应该承担保险责任在司法实践和理论研究上均存在不同的观点.投保人擅自改变投保车辆的用途,不仅违反了保险合同的约定,而且也破坏了保险合同的对价平衡.危险程度显著增加通知义务属于约定义务,投保人应该按照保险合同的约定通知保险人.危险程度显著增加的合同约定属于免除责任条款,保险人应该对此履行明确说明义务,否则将不产生法律效力.保险法在应对网约车危险程度显著增加时,应该引入比例原则进行调整.比例原则在网约车保险责任中适用的具体表现是比例赔付,不仅有效缓解了危险程度显著增加未通知不利后果的僵化,而且也是进一步对保险合同的对价平衡进行矫正,以保证保险合同各方的利益均衡.

On the significant increase of the risk of online car hailing and the response of insurance law

Online car hailing is a specific application of internet technology in the field of travel. The change of the purpose of the insured vehicle by the policyholder results in a significant increase in the risk degree of the insured object. There are different views on whether the insurer should bear the insurance liability in judicial practice and theoretical research. The applicant changes the purpose of the insured vehicle without authorization, which not only violates the insurance contract, but also destroys the consideration balance of the insurance contract. The obligation of noticing a significant increase in the risk level belongs to the contractual obligation, and the applicant shall notify the insurer in accordance with the provisions of the insurance contract. The contract agreement about significantly increased risk level belongs to the exemption clause, and the insurer should clearly explain the obligation, otherwise it will not have legal effect. The insurance law should introduce the principle of proportionality to adjust when facing the significantly increased risk of online car hailing. The application of proportionality principle in the insurance liability of online car hailing is the proportion compensation, which not only effectively alleviates the rigidity of the significant increase of the risk level without notice of adverse consequences, but also further corrects the consideration balance of the insurance contract to ensure the interest balance of all parties to the insurance contract.