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

Designated driving platforms (companies) serve as professional designated driving service providers and are the main force in the designated driving 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 each stage.
 

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

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

Friends and family providing designated driving for free is the most common and earliest form of designated driving. 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 designated driving behavior is a goodwill act based on friendship, where the helper provides assistance purely out of kindness without any economic compensation. However, if a traffic accident occurs during the designated driving, the determination of responsibility can become complex.
 

1. The designated driver is fully responsible
 

If an unfortunate traffic accident occurs during designated driving and the designated driver is fully responsible, according to the relevant provisions of the Tort Liability section of the Civil Code of the People's Republic of China, the perpetrator who causes damage to others' civil rights due to fault shall bear tort liability. The designated driver, as the direct infringer, should bear compensation responsibility for the damage caused, such as vehicle damage and personal injury.

However, there is a key factor: the designated driver is usually employed by the designated driving platform (company) and is performing the designated driving duties assigned by the company at the time of the incident. According to Article 9 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, if an employee causes damage while engaged in employment activities, the employer shall bear compensation liability. This is because the designated driving 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 designated driver is fully responsible, the designated driving platform (company) must compensate the car owner's reasonable losses. However, after the designated driving platform (company) assumes compensation responsibility, if it finds that the designated 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 designated driver based on internal regulations and legal provisions.

2. The other driver is fully responsible

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 designated driving 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 designated driving platform (company) should actively assist the car owner in collecting evidence related to the accident, such as photos of the accident scene, the accident 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 designated driving 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 compensation amounts by the insurance company. The designated driving platform (company), with its professional experience and resources, can help the car owner better protect their rights and seek reasonable compensation.

The free designated driving service provided by hotels, often seen in star-rated hotels, is intended to be a thoughtful convenience for customers. However, once a traffic accident occurs, the issue of responsibility becomes urgent to clarify. Analyzing from a legal perspective, customers consume at the hotel, forming a consumption contract with the hotel. The free designated driving provided is an extension of the dining service and is part of the consumption behavior.
 

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 designated driving is a specific manifestation of fulfilling this safety guarantee obligation. If an accident occurs during designated driving, it means that the hotel has failed to fulfill its task of safely delivering the customer to their destination, violating the terms of the consumption service contract.

When the accident vehicle is insured and the insurance coverage is sufficient to cover the losses, the insurance company will first compensate within the limits of the insurance liability. However, if the accident vehicle is uninsured or the insurance coverage 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 consumption 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 designated driver dispatched by a cooperating designated driving platform (company) when needed, the situation is different. In this case, the designated driver is performing designated driving duties as assigned, 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 employed should bear the compensation responsibility. However, if the designated driver has committed gross negligence, such as violating traffic signals or speeding, the hotel, as the entrusting party, must also bear corresponding compensation responsibility for the losses suffered by customers and third parties. However, after the hotel assumes compensation responsibility, it has the right to seek recourse from the designated driving platform (company) based on the agreement with the designated driving platform (company).

Once friends and family providing designated driving for free 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, if a helper provides unpaid labor to others and causes damage to others while engaged in helping activities, the person being helped shall bear compensation responsibility.
 

In the context of unpaid driving services, a helping relationship is formed between the designated driver and the vehicle owner, where the helper assists purely out of goodwill and does not receive any economic compensation. Therefore, generally speaking, if a traffic accident occurs, the vehicle owner and the helper will 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 assistance process, even if they did not actually drive.

However, the law also fully considers special circumstances. If the unpaid driver has subjective intent or gross negligence, such as knowingly driving after 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 driver should also bear corresponding compensation responsibilities. In this case, if the compensation claimant requests that the driver and the helper bear joint liability, the people's court will support this. Overall, the court will determine the respective compensation shares based on the degree of fault of both parties to ensure a 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 responsibilities 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 driver is injured while performing work tasks, the company should bear corresponding responsibilities. However, if the driver has faults, such as violating traffic rules or driving while fatigued, then the driver must also 'pay' for their own faults and share the losses according to the degree of fault of both parties. This responsibility allocation rule not only protects the rights 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 the designated driving service scenario, there are occasional cases where passengers, for their own reasons, force the designated driver to violate regulations, which undoubtedly poses a safety risk during driving. Once an accident occurs, the determination of responsibility becomes the focus.
 

From a legal perspective, a service contract relationship is established 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 to ensure driving safety. When a passenger forces the driver to violate regulations, such as speeding, running red lights, 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 aspect of handling designated driving accidents. However, in practice, issues regarding the identification of the designated driver in the insurance contract, 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 fall under the category of legally permitted drivers allowed by the policyholder and are within the scope of insurance coverage. 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 recovery 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 to clarify the scope of insurance liability and avoid falling into claim difficulties after an accident.

When choosing designated driving services, vehicle owners must remain vigilant, carefully identify, and select regular 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). Regular 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 capability 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 of the driver's driving skills, service attitude, punctuality, etc. If a certain designated driving platform (company) has many negative reviews, frequently reports drivers violating regulations, or conflicts with customers, vehicle owners should choose carefully; conversely, platforms like Didi Driving, which have accumulated a good reputation through numerous positive reviews, have become the first choice for many vehicle owners. Finally, understanding the insurance protection measures of the designated driving platform (company) is crucial. Regular 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, this insurance can effectively share the loss risk of the vehicle owner.

During the designated driving service, 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 from the accident scene is of utmost importance. Once an accident occurs, the vehicle owner should immediately take photos of the accident scene, ensuring the content is comprehensive, including a panoramic view of the accident vehicles, clearly showing the vehicle's position, direction, and surrounding environment; close-ups of the collision points, 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 is identifiable; and road markings reflecting the vehicle's driving trajectory and traffic regulation signs at the accident location. At the same time, if possible, recording a video of the accident scene to capture the dynamic process of the accident, the reactions of surrounding individuals, and subsequent communications among parties can help restore the objective facts of the accident.

Communication records are also 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, and other written communication 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 negotiations. For example, if customer service of the designated driving platform (company) promises over the phone to actively assist in handling the accident and bear corresponding responsibilities, if there is later a situation of evasion, the vehicle owner can rely on the call recording to protect their rights.

In addition, designated driving order information is also very important. The order details, including the order time, location, destination, designated driver information, service fees, etc., can corroborate the temporal and spatial context of the accident, assisting in proving the service relationship between the vehicle owner and the designated driving party and the situation at the time of the incident, providing strong support for resolving disputes.