Perspective | Research on the Responsibility for Traffic Accidents Involving "Designated Drivers"

Ride-hailing platforms (companies), as professional ride-hailing service providers, are the main force in the ride-hailing market. They usually have a complete operational system, from driver recruitment and training management to the standardization of service processes and customer feedback, with clear regulations at every stage.
 

Specifically, ride-hailing platforms (companies) sign ride-hailing service contracts with customers, establishing a contractual relationship. Customers pay fees, entrusting the ride-hailing platform (company) to safely deliver themselves and their vehicles to their destination; the ride-hailing platform (company) is responsible for dispatching qualified drivers and providing services according to agreed processes and standards. When customers place orders through the company's mobile app, the system intelligently dispatches based on the customer's location, destination, and the real-time status of drivers. After accepting the order, the driver must arrive at the designated location within the specified time to confirm the trip information with the customer, and the ride-hailing platform must ensure the customer arrives safely at their destination.

The free ride-hailing service provided by hotels is often an extension of their dining services. From a legal relationship perspective, customers dining at the hotel form a consumer contract with the hotel. The free ride-hailing provided by the hotel is an ancillary obligation to ensure the customer's safe departure as part of that consumer contract. Although ride-hailing itself is not charged separately, its cost is actually included in the customer's dining expenses.
 

Friends and family providing free ride-hailing is the most common and earliest form of ride-hailing. In gatherings or meals with friends and family, when the car owner cannot drive after drinking, friends or family members who have not been drinking and are qualified to drive voluntarily help by driving the car owner home safely. This act of ride-hailing is a goodwill gesture based on friendship, where the helper provides assistance purely out of kindness without any economic compensation. However, if a traffic accident occurs during the ride-hailing process, determining liability can become complex and subtle.
 

1. Full Liability of the Ride-Hailing Driver
 

If, unfortunately, a traffic accident occurs during ride-hailing where the ride-hailing driver is fully at fault, according to the relevant provisions of the Tort Liability section of the Civil Code of the People's Republic of China, a person who infringes on the civil rights of others due to fault must bear tort liability. The ride-hailing driver, as the direct infringer, should bear compensation responsibility for the damages caused, such as vehicle damage and personal injury.

However, there is a key factor here: the ride-hailing driver is usually employed by the ride-hailing platform (company) and is performing the ride-hailing duties assigned by the company at the time of the incident. According to Article 9 of the Supreme People's Court's interpretation of several issues concerning the application of law in personal injury compensation cases, if an employee causes harm while engaged in employment activities, the employer shall bear compensation liability. This is because the ride-hailing platform (company) has responsibilities for selecting, training, and managing drivers, and from the perspective of the benefits generated by the driver for the company, the company should bear the corresponding risks.

Therefore, in the case where the ride-hailing driver is fully at fault, the ride-hailing platform (company) must compensate the car owner's reasonable losses. However, after the ride-hailing platform (company) assumes compensation responsibility, if it finds that the ride-hailing driver has acted with intent or gross negligence, such as drunk driving, speeding, or serious violations of traffic regulations, it may seek recourse from the ride-hailing driver based on internal regulations and legal provisions.

2. Full Liability of the Other Driver

If the traffic accident is caused by the fault of the other driver, the other driver undoubtedly bears tort liability and must compensate for the losses to our vehicle and personnel. At this time, although the ride-hailing platform (company) is not the direct tortfeasor, it still has a series of obligations to assist in handling the situation based on the entrusted contract relationship with the car owner.

First, the ride-hailing platform (company) should actively assist the car owner in collecting evidence related to the accident, such as photos of the accident scene, the accident identification report issued by the traffic police, and information about the other vehicle and driver, ensuring that the car owner has sufficient evidence to support their subsequent claims. This evidence plays a key role in clarifying accident responsibility and determining compensation amounts.

Second, the ride-hailing platform (company) should assist the car owner in communicating and negotiating with the other driver and their insurance company to facilitate the smooth progress of the insurance claims process. During the insurance claims process, various issues may arise, such as disputes over the scope of compensation and the amount of compensation by the insurance company. The ride-hailing platform (company), with its professional experience and resources, can help the car owner better protect their rights and seek reasonable compensation.

The free ride-hailing service provided by hotels, often seen in star-rated hotels, is originally a thoughtful gesture to facilitate customers, but once a traffic accident occurs, determining liability becomes an urgent issue to clarify. Analyzing from a legal perspective, customers consuming at the hotel form a consumer contract with the hotel, and the free ride-hailing provided by the hotel is an extension of the dining service, a continuation of the consumption behavior, and a part of the consumer contract.
 

According to the provisions on ancillary obligations in the contract section of the Civil Code of the People's Republic of China, hotels have an obligation to take reasonable measures to ensure the personal and property safety of customers during the consumption process, and free ride-hailing is a specific manifestation of fulfilling this safety guarantee ancillary obligation. If an accident occurs during the ride-hailing, it means that the hotel has failed to satisfactorily complete the task of safely delivering the customer to their destination, violating the terms of the consumer service contract.

When the accident vehicle is insured and the insurance amount is sufficient to cover the losses, the insurance company will first compensate within the limits of insurance liability. However, if the accident vehicle is uninsured or the insurance amount is insufficient, the portion of the loss that exceeds the insurance compensation range should be borne by the hotel providing the free service. This is based on the hotel's breach of contract in the consumer contract, aimed at protecting the legitimate rights and interests of customers.

Of course, if the designated driver provided by the hotel is not an employee of the hotel, but a dedicated driver dispatched by a cooperating designated driving platform (company) when needed, the situation is different. In this case, the designated driver is assigned to perform the driving duties, and according to the cooperation agreement between the designated driving platform (company) and the hotel, as well as relevant legal provisions, if a traffic accident occurs, the company where the designated driver is located should bear the compensation responsibility. However, if the designated driver has significant negligence, such as violating traffic signal indications or speeding, the hotel, as the entrusting party, must also bear corresponding compensation responsibilities for the losses suffered by guests and third parties. However, after bearing the compensation responsibility, the hotel has the right to seek recourse from the designated driving platform (company) based on the agreement with the designated driving platform (company).

When friends and family provide free designated driving and encounter a traffic accident, the determination of responsibility becomes complex. According to Article 13 of the "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" by the Supreme People's Court, a helper who provides labor for others without charge shall bear compensation responsibility for damages caused to others during the helping activities.
 

In the context of free designated driving, a helping relationship is formed between the designated driver (friend or family) and the vehicle owner, where the helper is purely helping out of goodwill and does not receive economic compensation. Therefore, generally speaking, if a traffic accident occurs, the vehicle owner and the helped party shall bear the compensation responsibility. The legislative intent of this rule is that the vehicle owner, as the operator and beneficiary of the vehicle, should be responsible for the actions of the helper during the helping process, even if they did not actually drive.

However, the law also fully considers special circumstances. If the free designated driver has subjective intent or significant negligence, such as insisting on driving after knowing they have been drinking, intentionally speeding, or driving while fatigued, which seriously violates traffic regulations and plays a decisive role in the occurrence of the accident, then the designated driver should also bear corresponding compensation responsibility. In this case, if the compensation claimant requests that the designated driver and the helped party bear joint liability, the people's court will support it. Overall, the court will determine the respective compensation shares based on the degree of fault of both parties to ensure fair and just resolution of disputes and protect the legitimate rights and interests of all parties.

During the designated driving service, it is not uncommon for the designated driver to encounter unexpected injuries, which complicates the determination of responsibility.
 

According to Article 1192 of the "Civil Code of the People's Republic of China", the party providing labor who suffers damage due to the labor shall bear corresponding responsibility based on the respective faults of both parties. In such cases, there is a labor contract relationship between the designated driving platform (company) and the designated driver. If the designated driver is injured while performing work tasks, the company should bear corresponding responsibility. However, if the driver has their own fault, such as violating traffic rules or driving while fatigued, then the driver must also "pay" for their own fault and share the losses according to the degree of fault of both parties. This responsibility allocation rule not only protects the rights and interests of workers but also encourages them to exercise due diligence in their work, while also reminding designated driving platforms (companies) to strengthen safety education and management of drivers.

In designated driving service scenarios, there are occasional cases where passengers, due to their own reasons, force designated drivers to operate illegally, which undoubtedly poses a safety risk during driving, and once an accident occurs, the determination of responsibility becomes the focus.
 

From a legal perspective, a service contract relationship is formed between the designated driver and the passenger. The designated driver has the obligation to safely deliver the passenger to the destination according to the contract and is responsible for complying with traffic regulations during the service process to ensure driving safety. When a passenger forces the driver to operate illegally, such as speeding, running a red light, or driving against traffic, the driver has the obligation to firmly refuse. If the driver fails to dissuade the passenger and instead follows their instructions to drive illegally, both the driver and the passenger will face legal liability. In this process, if the designated driving platform (company) fails to provide effective training and management for the driver, leading to the driver's inability to properly handle such emergencies, the company cannot escape responsibility and must bear corresponding management responsibilities.

Insurance claims are a key link in handling designated driving accidents. However, in practice, issues regarding the identification of the designated driver's identity in the insurance contract and whether the insurance company should compensate, and how to compensate, often lead to intense disputes.
 

According to relevant provisions of the "Insurance Law of the People's Republic of China", designated drivers usually belong to the legally permitted drivers allowed by the policyholder and are within the scope of insurance contract protection. As long as the designated driver does not intentionally cause an accident or other exempt circumstances, the insurance company should bear the compensation responsibility and generally has no right to seek recourse from the designated driver. However, different insurance companies have slight differences in their insurance terms, and the provisions for claims in designated driving situations vary, which requires vehicle owners to carefully read the insurance terms when purchasing insurance, clarify the scope of insurance responsibility, and avoid falling into claim difficulties after an accident.

When choosing designated driving services, vehicle owners must remain vigilant, carefully identify, and select legitimate and reliable designated driving channels, which is the primary line of defense for protecting their rights.
 

First, check the qualifications and licenses of the designated driving platform (company). Legitimate designated driving companies should hold complete business licenses, road transport operation permits, and other relevant documents. These documents are important evidence of their legal operation, indicating that the company has met all requirements of industry regulatory authorities and has the ability to provide professional designated driving services. Second, pay attention to the reputation of the designated driving platform (company). Using internet platforms to check other users' feedback on designated driving services is a convenient way to understand their service quality. Vehicle owners can focus on evaluations regarding the driver's driving skills, service attitude, and punctuality. If a certain designated driving platform (company) has many negative reviews, frequently encountering issues such as drivers violating driving regulations or conflicts with customers, vehicle owners should choose carefully; conversely, platforms like Didi Designated Driving, which have accumulated a good reputation through numerous positive user reviews, have become the first choice for many vehicle owners. Finally, understanding the insurance protection measures of the designated driving platform (company) is crucial. Legitimate designated driving platforms (companies) usually purchase sufficient insurance for designated driving services, covering compulsory insurance, commercial third-party liability insurance, and designated driving liability insurance. In the event of a traffic accident, these insurances can effectively share the loss risks of vehicle owners.

During the designated driving service process, retaining relevant evidence is an important means for vehicle owners to protect their rights. This evidence is like puzzle pieces that can restore the complete truth of the facts when disputes arise, helping vehicle owners successfully claim compensation.
 

Evidence at the accident scene is of utmost importance. Once an accident occurs, the vehicle owner should immediately take photos of the accident scene. The photos should be comprehensive, including a panoramic view of the accident vehicles, clearly showing the vehicle's position, orientation, and surrounding environment; close-ups of the collision areas, presenting details of vehicle damage, such as body dents, paint scratches, and damaged parts; vehicle license plates to ensure the identity of the involved vehicles can be discerned; and road markings that reflect the vehicle's travel trajectory and the traffic rule signs at the accident location. Additionally, if possible, record a video of the accident scene to capture the dynamic process of the accident, the reactions of surrounding individuals, and the subsequent communications among the parties involved, which will help restore the objective facts of the accident.

Communication records are equally crucial. Calls with the designated driver, customer service of the designated driving platform (company), and insurance claims personnel should be recorded and retained promptly; text messages, WeChat communications, and other written records should not be deleted. These records may contain important information such as the other party's preliminary determination of accident responsibility, guidance on the handling process, and intentions for compensation negotiation. For example, if the customer service of the designated driving platform (company) promises over the phone to actively assist in handling the accident and assume corresponding responsibilities, the vehicle owner can use the call recording to protect their rights if any evasion occurs later.

In addition, the information from the designated driving order is also very important. Details in the order, such as the order time, location, trip destination, designated driver information, and service fees, can corroborate the temporal and spatial context of the accident, helping to prove the service relationship between the vehicle owner and the designated driving party, as well as the situation at the time of the incident, providing strong support for dispute resolution.