Case Introduction

Xiao Zhang (pseudonym) registered as a rider on the delivery platform. When he receives his first order every day, his account on the delivery platform will automatically deduct a service fee of 3 yuan, of which 2 yuan is the personal accident insurance for delivery personnel purchased by a third-party human resources service company for the rider.

One day, while riding an electric bike to deliver meals, Xiao Zhang collided with a small car. The traffic police determined that the other party was fully responsible for the accident, and Xiao Zhang was not responsible. After the accident, Xiao Zhang was sent to the hospital for treatment, and it was determined that he was a level four disability.

Xiao Zhang submitted a claim application to the insurance company, requesting that the insurance company pay him 455000 yuan (insurance amount of 650000 X level four disability claim ratio of 70%) as insurance benefits, but was refused by the insurance company. Helpless, Xiaozhang had to appeal to the court.

Court Trial

After trial, the court found that the insurance agreement was published by the insurance company in the group chat of the human resources service provider, printed and stamped by a third-party human resources company of the policyholder, and then sent back to the insurance company. Throughout the entire insurance process, the insurance company did not provide any training or guidance on the insurance content, and there was no communication or negotiation between the two parties. In addition, as the actual payer, the rider's insurance method is electronic insurance, which is a fixed format contract. The insurance company cannot prove whether the electronic policy must read the terms before proceeding to 3.the next step, and whether the electronic policy page has bold and black prompts for exemption clauses, that is, the insured may not necessarily open and read the specific content of the electronic policy. It can be seen that the insurance company did not fulfill any obligation to remind the policyholder and the actual payer during the insurance process, so this exemption clause does not have legal effect.

Judge's suggestion

1.We should make full use of online and offline safety propaganda platforms and distribution stations, regularly organize safety learning and education activities, strengthen traffic safety awareness training and promotion for riders, increase daily traffic safety assessments, strengthen punishment for traffic violations, and improve the safety awareness of riders.

2.Comply with road traffic regulations, consciously enhance traffic safety awareness, do not exceed the speed limit, violate traffic signal indicators, drive in the opposite direction, illegally occupy the road, etc., and drive with caution. If a traffic accident occurs, report it promptly and collect evidence such as medical records, invoices, and medication lists.

3.When signing an insurance cooperation agreement, it is necessary to fulfill the obligation of sufficient disclosure and explanation regarding the standard terms, especially the exemption clauses, and retain corresponding evidence. Improve the cooperation mode with the platform to ensure that riders, as the actual policyholders and insured paying premiums, clearly display the main terms of the insurance during the daily process of receiving and paying premiums, fully remind and explain the relevant exemption clauses, and keep a backtracking video in the background.

This article is transferred from the official account "Shandong Gaofa", and thanks.