Case: The deliveryman scraped with someone on the way to deliver food.
One day in July 2020, the takeaway brother Xu went out to deliver food as usual after receiving the order task assigned by a distribution platform company. On the way, Xu's electric car scraped the walking tube, and the traffic police determined that Xu was fully responsible for the accident. After Guan was injured, he was hospitalized for 35 days, causing various economic losses of more than 30 thousand yuan. After the accident, Guan and Xu and a distribution platform company could not reach an agreement on compensation and appealed to the court.
During the trial of the case, the two sides had a dispute over who should bear the responsibility and the amount of compensation. The judge patiently did the ideological work of both parties, and finally the two parties reached a mediation opinion: Xu and a distribution platform company compensated Guan for various economic losses 1000 yuan.
Analysis: Pay attention to two points when taking responsibility.
Regarding the issue of responsibility, Wu said that two points can be noted:
1. If it causes damage to others outside working hours, the rider shall bear the responsibility. The working hours of riders mainly depend on the employment form agreed with employers. The rider's working mode is not to take orders online 24 hours a day, but to choose his own working hours. After work, his will and behavior are not controlled by his employer, and he is personally responsible for the damage caused.
Second, the employer should bear the responsibility when the hitchhiker works. Article 1 19 1 of the Civil Code stipulates: "If the staff of the employing unit causes damage to others due to the performance of work tasks, the employing unit shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence.
It is worth noting that there are many forms of employment between the takeaway rider and the platform, which are roughly as follows:
1.App platform signed a labor contract with the rider. After the accident, the APP platform should bear the responsibility as an employer;
2. The App platform or its wholly-owned subsidiary specializing in the take-away platform signs a service agreement with the labor dispatch unit, and the labor dispatch unit signs a labor contract with the take-away rider to send the rider to the APP platform for delivery service. After the accident, according to the second paragraph of Article 1 19 1 of the Civil Code, the unit that accepts the labor dispatch shall be liable for compensation. If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities. Therefore, the injured often list the App platform company and the labor dispatch unit as * * * co-defendants;
3. number three. App platform or its wholly-owned subsidiary specializing in the operation of take-away platform signs a cooperation agreement with the distribution company, and then the distribution company signs a project contracting agreement with the human resources company. Finally, the human resources company signed a project joining agreement with the rider and registered individual industrial and commercial households or paid insurance for the rider. In this case, although the rider is an individual industrial and commercial household, it is still managed by the distribution company. If there is an accident on the way to pick up the goods, it should be regarded as performing its duties to the distribution company, and the distribution company, as an employer, should be liable for compensation. In practice, many victims sue riders, distribution companies, human resources companies and platforms together with the defendants.
In addition, if the employer has insured the rider with commercial insurance, after the accident, the insurance company will make compensation within the insurance limit, and the employer will bear the liability for the shortfall.