What are the controversies about the cost of Didi's driving?

1, free driving: according to the helper relationship.

Free driving usually happens between relatives and friends. In this case, the driver and the owner are a kind of unpaid helper relationship.

Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases stipulates: "If a helper who provides services for others without compensation causes damage to others, the helper shall be liable for compensation. If the helped laborer explicitly refuses to help, he shall not be liable for compensation. If there is intentional or gross negligence in helping laborers, the people's court will support the obligee's claim to help laborers and the helped laborers bear joint liability. " So generally speaking, car owners are responsible, but contemporary drivers will also bear joint and several liability in case of intentional or gross negligence.

2. Hire someone to drive: according to the employment relationship.

The owner temporarily spends money to hire someone to drive, and the two sides form an employment relationship. In the event of a traffic accident, in addition to the insurer's insurance liability according to the types of insurance insured by the owner, the owner is generally responsible for the excess. However, if the driver intentionally or negligently causes damage to others, he shall be jointly and severally liable for compensation.

3. Agency: According to the entrustment relationship.

The owner signed a written contract with the driving company in advance, and the two parties are entrusted with the contractual relationship. In the event of a traffic accident, the insurer shall bear the insurance liability first. If the insurance is insufficient for compensation, the liability for compensation shall be borne by the agency.

4. Hotel driving: According to the consumption contract.

Some hotels will provide customers with free driving service after drinking, which is an extension of catering consumption, a continuation of consumption behavior and an integral part of the consumer service contract between consumers and hotels. If the driver provided by the hotel has a traffic accident, it means that the hotel has not fulfilled its obligation to safely deliver the customer to the destination, which violates the contract, and the hotel should bear the liability for compensation for insufficient insurance payment.

5. Driving illegally: Who is responsible for driving?

According to the relevant provisions of China's Road Traffic Safety Law, the general principle is "whoever drives is responsible", that is, the traffic management department of the public security organ only punishes drivers who violate the rules.

If the traffic patrol is not on the scene, the owner can only be given a ticket according to the monitoring, such as speeding, running a red light, turning around, etc. If the driver on behalf of the driver does not take the initiative to pay the fine, the relevant violation information will be recorded on the illegal car body; If the fine is not received after the payment date, the owner will be the last to be affected. But who will bear the civil liability after the violation? At present, there is no relevant provision in China's laws, but both parties can clearly stipulate it in the driving contract.