대여자동차 운행시 대리운전의 보험법적 보호에 관한 고찰

Abstract

Designated driving serviceA car driving service when a driver is not in condition for driving, especially due to DUI(Driving Under the Influence). has become common in daily life. Compensation problem has arisen for accidents that occurred during designated driving. As a result, relevant insurance products have been developed, and relevant insurance terms have been revised several times. Such amendments and insurance developments were intended not only to protect victims but also to protect car owners and designated drivers. The terms of car insurance has been changed, and special contract terms can be added to cover the accidents during designated driving, and the insurance for the designated drivers has been developed and sold to cover excess damages over liability insurance. However, in the case of rental cars, the insured is decided based on the intention of the named insured. A designated driver who has obtained the consent of a rentee of the car cannot be considered as an insured in terms of the rental car insurance. Therefore, there has been an issue of irrationality that a designated driver should compensate the excess damages over liability insurance on its own in spite of the insurance for the designated drivers. As the rental car market has been diversified into long-term and short-term rentals, and the market has been growing, there has been a problem when it comes to compensations while driving a rental car. Although the designated driver signed a contract to cover damages caused by an accident during designated driving, liability insurance is not covered by insurance in the case of rented cars. In this regard, we will look into the current status of designated driving, insurance system, and the related cases.