Who is responsible for the car-sharing platform without face recognition, a 17-year-old boy unlocks his father's mobile phone and hits someone while driving?

  Court: Boys and their supporters share 60% of the responsibility and compensate more than 60,000 yuan

  If a minor uses a parent's mobile phone to unlock a shared car and causes a traffic accident, causing injury to others, how should the minor, the parent, the rental company to which the vehicle belongs, and the mobile phone-related app, etc., be held responsible?

Recently, the Chengdu Wuhou District People's Court heard such a special motor vehicle traffic accident liability dispute.

  In March 2019, Wu was injured by a shared car driven by Liu and was hospitalized, resulting in grade 9 and grade 10 disability.

But at the time of the accident, the perpetrator Liu was only 17 years old and underage, so why was he able to drive a motor vehicle?

It turned out that Liu Mou used his father Liu Moumou's mobile phone to unlock and rent it through a car-sharing app, and the accident occurred after driving on the road.

  In the end, Wu sued Liu, Liu, the car rental company, the car-sharing APP platform company, and related technology companies to the Chengdu Wuhou Court, demanding compensation of more than 240,000 yuan for lost work, disability compensation, and nutrition. , the insurance company shall bear the aforementioned compensation liability within the insurance liability limit.

  It is reported that the focus of the dispute in this case is who should be held responsible for the losses suffered by the injured Wu.

  court defense

  All parties "throwing the pot" claim that they are not responsible

  During the trial, the driver Liu Mou and his father Liu Moumou argued that they had no objection to the accident and the accident determination issued by the traffic police, but the shared car platform had management defects, so the accident compensation should be borne by the shared car APP platform company.

  The car-sharing app platform company argued that there was no fault in the company's operation and management.

It said that although the platform has not turned on face recognition, Liu Moumou has passed face recognition during registration, so the platform's failure to turn on face recognition does not violate relevant laws and regulations, and whether face recognition is turned on is not necessarily related to the occurrence of the accident. , the company shall not be liable for compensation for the occurrence of the accident.

  Since the vehicles on the car-sharing APP platform belong to the rental company, the car rental company that was brought to court believes that although the vehicle involved in the case is owned by them, the accident occurred during the car rental period and the driver has no relationship with the company, so the company is not at fault , and the vehicle involved in the case has been insured with commercial insurance and compulsory traffic insurance, the insurance company should first assume the liability for compensation within the scope of insurance, and the actual user of the vehicle should bear the shortfall.

  A related technology company also became the defendant. The technology company argued that the company was not the owner, operation manager, or actual user of the vehicle, and had no direct legal relationship with the accident, so it should not be held responsible.

The insurance company said that because the driver is an unlicensed driver, they advocate compulsory traffic insurance and commercial insurance deductible.

  trial

  Minors unlock mobile phones

  Supervisors should be held accountable

  After trial, the court held that the driver Liu did not obtain a motor vehicle driving license and drove a vehicle to hit Wu, and he should bear full responsibility for the accident. However, since Liu was a minor student at the time of the incident, his infringement The consequences of the legitimate rights and interests of others should be borne by their guardians, so Liu Moumou, as his direct supporter, should bear the corresponding civil liability.

  The court held that Liu XX did not supervise the use of his son's mobile phone without authorization, so that he used his mobile phone to unlock the shared car without obtaining a driver's license, which had a certain causal relationship with the occurrence of the traffic accident. Therefore, Liu XX A should bear corresponding civil liability for Wu's losses.

  After the trial, the court also held that the car rental company, as the registered owner of the vehicle, was not responsible for the actual operation and management of the vehicle. It was not at fault in the traffic accident and should not bear civil liability.

In order to improve the convenience of unlocking shared vehicles, a car-sharing APP platform company voluntarily gave up face recognition for actual drivers when the face recognition technology with a higher level of security verification on the existing platform was possible to supervise. Liu Moumou could use his father's mobile phone to unlock the shared car, and his behavior was obviously at fault, so he should bear corresponding civil liability for Wu Mou's loss.

  For the relevant technology company in this case, the court held that the company clearly knew the blind spot for review that may be caused by the shutdown of face recognition, but when the car-sharing APP platform company proposed to turn off the face recognition function, it did not propose any Dissent and cooperate, and therefore should also bear the corresponding civil liability.

  judgment

  Dependents share 60% of the responsibility

  Compensation of more than 60,000 yuan

  In the end, the court ruled: Liu Moumou had a traffic accident while driving a vehicle without a driving license, and the direct supporter Liu Moumou was responsible for 55% of the compensation; at the same time, Liu Moumou himself did not keep his mobile phone well, which caused his son to unlock the vehicle If you cause a traffic accident, you should also be liable for 5% of the compensation.

  A car-sharing APP platform company, based on commercial interests, requires the platform operator to cancel the face recognition verification, causing Liu to unlock the shared vehicle, so it should bear 35% of the responsibility.

As a platform operator, a technology company should be required to cooperate with the cancellation of face recognition when its technical level can meet the safety verification standards, and should bear 5% of the compensation liability.

  At the same time, in order to ensure that victims receive timely relief and reasonably allocate accident risks, insurance companies shall be liable for compensation within the liability limit of compulsory traffic insurance (120,000 yuan).

Liu did not obtain a driver's license, and a traffic accident occurred while driving a vehicle, which is a deductible item stipulated in the commercial third-party insurance contract, so the insurance company should not be liable for compensation.

  The court finally ruled that the insurance company should compensate Wu 110,000 yuan, Liu 60,000 yuan, a car-sharing app platform company 40,000 yuan, and a technology company 6,000 yuan.

  Judge's statement

  Guardians should fully exercise their duty of care

  proper regulation

  Today, with the popularity of smart phones, there are many kinds of APPs on mobile phones, and many of them are not enough for minors in terms of age and intellectual ability to use them reasonably.

Although it is common for minors to use mobile phones of family members, as guardians, they should fully perform their duty of care and supervise them properly.

  The "Family Education Promotion Law", which came into effect on January 1, 2022, clearly stipulates that the guardians of minors have the responsibility for family education.

Parents should not only pay attention to the physical and mental health of minors and the arrangement of their spare time, but also educate them to master the safety knowledge and skills of transportation.

If Liu Moumou in this case can pay more attention to and understand Liu Moumou's hobbies and hobbies in driving a motor vehicle, and provide him with a formal channel to learn traffic safety knowledge and driving skills through correct guidance, this case may be avoided.

  Chengdu Business Daily-Red Star News reporter Zhang Ling

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