OPINION> Commentary
Not exactly a smooth ride
(China Daily)
Updated: 2008-08-11 08:39

Though the convenience and benefits of car-pooling are quite obvious, it has high risks under the existing legal system and insurance policies, says an article in Legal Daily. The following is an excerpt:

As Beijing's private car owners have been asked to drive on alternative days to ensure a smooth traffic for the Olympic Games, many of them choose car-sharing partners for convenient travel.

Car-sharers are reminded to be careful in selecting their partners, cars, insurances, as well as mutual consultation. Even so, car-pooling itself is still risky as the one who drives faces an imbalance between his rights and obligations.

According to the law, the driver takes a no-fault liability for hitchhikers' lives and property, unless evidence can prove that damages and hurts, or even lose of lives, are caused by the latter's intentions or major faults. And as it is really rare for such a possibility appearing in real cases, drivers usually take full responsibility for others' lives and property once accidents occur.

Besides the legal responsibility, economic compensation drivers may have to shoulder is also huge. For example, if one is killed by an accident involving his car, a driver needs to pay 20 times the yearly average income to the victims as just economic compensation. Other kinds of compensation such as those for moral damage and medical bills are equally high. However, services currently offered by insurance companies can only offer exemptions for some 1 to 5 percent of the compensation.

As car-pooling is a non-profit idea, we should consider improving relevant policies so that people's rights and security can be better protected, rather than simply advocate it for short-term convenience.

(China Daily 08/11/2008 page7)