If the online car-hailing car receives an order in the early morning and does not see the passenger and the phone number is empty, lawyer: The platform has the obligation to compensate the driver
Updated on: 18-0-0 0:0:0

According to Zhejiang TV station "1818 Golden Eye", an online car-hailing car owner in Hangzhou recently said that he received a list at four o'clock in the morning, the location was remote, and he didn't see anyone after rushing over.

Master Cheng, the owner of the car, said that the incident happened at around 40:00 on October 0, and he received an order from Qingjing Nunnery, Yongli Village, Xiaoshan, Hangzhou to Hangzhou East Railway Station. "When I got here, I drove more and more remotely, until there were no street lights, and I could only see a temple by my car lights." He said that when he got out of the car, he couldn't see anyone, his phone calls were empty, and the messages sent through the Didi platform were unread and could not be replied to. I waited for twenty minutes, and shouted several times in the middle of the process, but no one responded.

Master Cheng described the scene. Photo/Zhejiang TV "1818 Golden Eye"

Master Cheng introduced him as a native of Quzhou who had been driving online car-hailing in Hangzhou for three years. Last year, he also received an order for the same destination, and the phone call was empty, so he wondered if the order was placed for the same person. He said that because he did not take the car this time, he was also deducted 50 yuan.

On 100/0, the platform replied that the platform had suspended the service of the passenger's account considering that there had been several false bills in the past. At the same time, in response to the grievances that Master Cheng received in the process of service, the platform will issue him a "smooth subsidy". Master Cheng said that the platform has revoked the penalty against him and subsidized 0 yuan.

In an interview with Jiupai News, Tan Mintao, a lawyer at Beijing Zhongwen (Xi'an) Law Firm, believes that online car-hailing platforms need to bear certain responsibilities. As the organizer and manager of the service, the platform has the obligation to review and manage the information of passengers and drivers. If the driver is damaged due to the passenger's empty number calling for the car, and the platform has certain negligence in management and supervision, and has not fulfilled its reasonable review obligations, then it shall bear certain responsibility for the driver's losses.

However, if the Platform can prove that it has exercised reasonable care in verifying the information, etc., and that the loss was caused by the Passenger's intent or gross negligence, the Platform may reduce or exempt the Platforms' liability. However, the platform has the obligation to compensate the driver, after all, it is difficult for the driver's loss to be compensated through the passenger, and the platform should be liable to the driver for failing to fulfill the audit obligation.

He said that this kind of abnormal order may involve the platform's lax verification of passenger information. Platforms usually require passengers to register and provide truthful information, but there may be loopholes, such as not validly verifying mobile phone numbers, or flaws in the verification method, which can lead to passengers being able to register and hail a ride using an empty number. The platform can verify the passenger's information before the passenger calls for the car, preventing the passenger from calling the taxi with an empty number, which can also prevent the driver from not being able to contact the passenger.

When the driver encounters a passenger calling a taxi with an empty number, the driver should contact the platform's customer service as soon as possible, explain the situation, request the platform to intervene, and apply for corresponding compensation or take other remedial measures in accordance with the platform's regulations. Drivers should also keep relevant evidence, including order information, communication records with the platform's customer service, and proof of empty numbers (such as screenshots of call records) in case of possible subsequent complaints or lawsuits.

If the platform fails to handle the matter properly, the driver can file a complaint with the relevant regulatory authorities such as the transportation management department and the consumer association and request assistance in resolving the problem. For the platform, it is possible to avoid passengers from calling a car with an empty number through technical means. First, information verification can be strengthened and stricter mobile phone number verification methods can be adopted, such as SMS verification code verification, voice verification, etc., to ensure that the number provided by passengers is true and valid.

The second is to establish a risk early warning mechanism, through big data analysis and other technical means, to monitor and warn abnormal orders, such as the same number is found to be placed multiple times in a short period of time and the number is abnormal, timely suspend the relevant orders and verify.

The third is to improve the compensation mechanism for drivers, formulate a reasonable driver compensation policy, and give appropriate economic compensation to drivers who suffer losses due to passenger empty numbers and other reasons, so as to prevent drivers from suffering economic losses.

Fourth, improve the efficiency of customer service processing. Train customer service staff to quickly and effectively handle drivers' feedback on issues such as empty numbers calling for cars, and provide timely solutions to drivers.

Nine factions news reporter Tao Zitong

Editor: Wan Xuan Fu Shan

Please contact the reporter on WeChat: linghaojizhe