网约私家车保险纠纷中的危险增加通知义务研究

Research on the Obligation of Notifying Increased Risk in Insurance Disputes Involving Private Cars Used for Ride-Hailing Services

摘要: 随着共享经济发展，网约车成为城市交通重要部分，但车主以家庭自用投保后擅自用于高频营运且未履行危险增加通知义务引发的保险纠纷频发。该义务是保险法核心制度，法理基础为最大诚信与对价平衡原则。其法律性质虽存争议，但应属法定义务，触发前提是危险程度显著增加，需满足重大性、持续性、不可预见性要件，核心判断车辆是否从家庭自用转为营运。因果关系认定有近因说与相当因果关系说分歧，应结合被保险人主观过错区分适用。

Abstract: With the development of the sharing economy, ride-hailing services have become an important part of urban transportation. However, insurance disputes frequently arise when car owners insure their vehicles for private family use but arbitrarily engage them in high-frequency commercial operations without fulfilling the obligation of notifying of increased risk. As a core system of insurance law, this obligation is based on the principles of utmost good faith and consideration balance. Despite disputes over its legal nature, it should be deemed a statutory obligation. Its triggering prerequisite is a significant increase in risk, which must meet the requirements of materiality, continuity, and unpredictability, with the core criterion being whether the vehicle has been converted from private family use to commercial operation. There are differences between the proximate cause theory and the adequate cause theory in identifying causation, and the application should be differentiated based on the insured’s subjective fault.