Takeaway riders hit passers-by with their cars. Who will bear the responsibility?

Regarding responsibility, the following two points deserve attention:

1. If it causes damage to others outside working hours, the rider shall bear the responsibility.

The rider's working hours mainly depend on the employment form agreed with the employer. Generally speaking, the court will consider the time when the rider receives the first order and the time when the last order is completed. After work, the will and behavior of the takeaway rider is not controlled by the employer, and it does not create economic value for the employer, so the employer has no obligation to take responsibility for the damage caused by the rider.

Second, the employer should bear the responsibility when the hitchhiker works.

Article 11of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Civil Code) stipulates: "If a staff member of an employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. After the employer bears the tort liability, it can recover from the staff who have intentional or gross negligence. " This article mainly stipulates the employer's vicarious liability outside of labor relations. In this article, the staff of the employing unit includes not only the workers who have established labor relations, but also civil servants, other staff who are managed by reference to civil servants, labor service providers and temporary employees.

It is worth noting that there are many forms of employment between the takeaway rider and the platform, which are roughly as follows: 1. The APP platform signs a labor contract with the rider. After the accident, the APP platform should bear the responsibility as an employer; 2. The APP platform or its wholly-owned subsidiary specializing in the take-away platform signs a service agreement with the labor dispatch unit, and the labor dispatch unit signs a labor contract with the take-away rider to send the rider to the APP platform for delivery service. After the accident, according to the second paragraph of Article 1 19 1 of the Civil Code, the unit that accepts the labor dispatch shall be liable for compensation. If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities. Therefore, the injured often list the APP platform company and the labor dispatch unit as the same defendant; 3. number three. APP platform or its wholly-owned subsidiary specializing in the operation of take-away platform signs a cooperation agreement with the distribution company, and then the distribution company signs a project contracting agreement with the human resources company. Finally, the human resources company signed a project joining agreement with the rider and registered individual industrial and commercial households or paid insurance for the rider. In this case, although the rider is an individual industrial and commercial household, it is still managed by the distribution company. If an accident occurs during the delivery, it shall be regarded as performing duties for the distribution company, and the distribution company shall be liable for compensation as an employer. In practice, many victims sue riders, distribution companies, human resources companies and platforms together with the defendants.

In addition, if the employer has insured the rider with commercial insurance, after the accident, the insurance company will make compensation within the insurance limit, and the employer will bear the liability for the shortfall.