The court decision is not an order: Yandex.Taxi company does not want to pay a passenger who has become disabled

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The court decision is not an order: Yandex.Taxi company does not want to pay a passenger who has become disabled
The court decision is not an order: Yandex.Taxi company does not want to pay a passenger who has become disabled
27 August, 12:15Business
Human rights activist Elena Grashchenkova sued the monopolist for millions of rubles, but the service appealed the court's decision.

The loud history of the Muscovite Yelena Grashchenkova, largely thanks to which until recently, the wild domestic taxi service began to take on a civilized shape, has not yet been completed. Let us remind you that in 2016 Elena Grashchenkova arrived in St. Petersburg and called a car from the station through the Yandex.Taxi application. The taxi driver lost control and crashed into a tree and a lamp post at a speed of about 70 km / h. The woman received multiple bruises, a concussion, and a complex shoulder injury. Doctors diagnosed the victim with persistent disability by a third. But due to the lack of judicial practice and the passenger insurance system at that time, the only payment that the victim received after the accident was the amount of 75 thousand rubles. under the OSAGO policy.

But according to the Civil Code, the tortfeasor is obliged to compensate the victim for that part of his wages that he is no longer able to physically receive. The law allows victims to enjoy this privilege.

And on July 5, the Tushino court decided that Yandex. Taxi "is obliged to pay Grashchenkova monthly compensation, which corresponds to the percentage of her disability.

However, Yandex. Taxi continues to resist seemingly obvious things. Here is what Grashchenkova wrote on her blog:

“On July 5, I won a lawsuit against Yandex for payment of my monthly lifetime pension in the amount of 47 thousand rubles as of 2020. The pension should be indexed annually to the percentage of inflation, and for the entire life span will be about 30 million rubles.

Yandex filed an appeal against this decision today.

Given that this decision is based on the prejudice that Yandex recognizes the carrier and is responsible for an accident with a passenger (decision of the International Civil Service of 5.04.19), in my opinion, the company has no chance of refusing to pay me a pension.

In the near future I will file another lawsuit against Yandex, in the Arbitration Court for the recovery of the lost profits of IP Grashchenkov in the amount of 6 million rubles..."

The human rights activist also appreciated the inhuman behavior of the monopolist Yandex:

“Today there was a lot of noise about the appeal of Yandex, which refuses to comply with the court decision on my claim, the claim of the Consumer. Refuses to pay 3,000,000 rubles by a court decision for the damage caused, which he committed as much as 5 years ago! 5 years!

Yandex is the only aggregator on the market today that behaves aggressively and irresponsibly towards the passenger. The only one!

None of the carriers, except Yandex, are suing disabled people. There was another Gett, but he was already absorbed by Citymobil. Yandex was left alone. Citymobil is conscientious.

- Well, what are the problems, let the Consumers refuse his services - they tell me.

Look at the picture. BUT AS?! How can a Muscovite refuse the services of the only m…. If its 80%?

Why is it 80%? And what could be so, FAS? You send all these passengers to possible courts for 5 years or more.

In fact, it is compulsory. 80% of the market share is given to the only unscrupulous and aggressive carrier! "

And this is true: the resonant case of Grashchenkova led to the fact that many other (but not all!) Aggregators began to insure the life and health of passengers in the amount of up to 2.5 million rubles.

Here are some of the leading taxi services that provide (or do not) provide health insurance for passengers:

Wheely - 2.5 million rubles.

Gett - 2.2 million rubles.

Maxim - 2 million rubles

Yandex - 2 million rubles.

Citymobil - 2 million rubles.

Lucky - Doesn't insure.

InDriver - Does not insure.

This amount, notes Grashchenkova, is paid in full only in case of death. In the event of an injury, the amount of the payment is proportional to the severity of the injury.

Also, some taxi ordering services organize payments not only in cases of road accidents, but also in other emergencies with harm to the health and life of passengers and drivers, including as a result of unlawful actions of third parties.

Analyst Marat Amanliev summed up this collision:

“Briefly about the main thing.

If you ordered a taxi through Yandex.Taxi, got into an accident through the fault of a taxi driver and suffered, then YANDEX.TAXI RESPONSES in front of you.

Again. ALWAYS. FOR an accident. ANSWERS. YANDEX.TAXI.

You can collect from Yandex.Taxi:

- moral injury;

- expenses for treatment that are not included in the compulsory medical insurance;

- lost earnings during the period of incapacity for work on sick leave;

- the most important thing: lifelong payments for lost earnings, if as a result of an accident your health has suffered to such an extent that there has been a permanent loss of professional ability to work, i.e. decreased either for a long time or irrevocably the working capacity by profession.

The decrease in working capacity is expressed as a percentage depending on the injuries received.

For example, if you received 100,000 rubles a salary and after an accident your professional working capacity decreased by 30%, and the injury itself is irreversible, then Yandex.Taxi will be obliged to pay you 30,000 rubles for life. In addition, these 30,000 rubles will be indexed annually to the inflation rate.

An important point - you need to have white money, i.e. earnings through personal income tax. It's much easier to prove your income in the last 12 months..."

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