Practice Analysis To Pay High Insurance And Commercial Insurance Joinder

With the rapid development of social economy and increase of people income, theautomobile gradually becomes the common consumer goods from rare resources. Itbecomes a kind of necessary elements indispensable in people’s life. According tostatistics result, as of2012June, the number of motor vehicles in china alreadyexceeded0.233billion. In other word, every5people have a car in average. A spurt ofgrowth in the number of motor vehicles makes people easy to travel around. However,some problems, such as environmental pollution, traffic congestion, come with it. At thesame time, all kinds of traffic accidents also come along with the growth of number ofmotor vehicles. Statistical data from national public security department shows that3906.0thousands traffic accident happened in2010. The number went to4224thousands in2011.Statistical data from the Supreme People’s court shows that in2010, the courts atall levels have handled612596cases of road traffic accident damage compensation,which is31.83%more than last year. In2011, the number reached744570. In order toprotect the road traffic accident victims to obtain timely relief, the accident shouldundertake the risk for reducing infringer. Compulsory insurance system emerge as thetimes is required. But the cross strong insurance limited compensation mode obviouslycan not meet the full compensation for damage of the injured in the accident. Mostpeople choose the same insured commercial three party insurance to supplement theCali system responsibility. In the judicial practice in the past, because commercial threeparty insurance between the insured and the insurance company belongs to theinsurance contract and the contract legal relationship. The victims of the third party notin dispute cases of road traffic accident damage compensation in conjunction withinsurance companies stand to the right. The Supreme People’s court in December21,2012started the implementation of the "on the trial of the road traffic accident damage compensation case applicable legal interpretation of several issues" specified in the thirdon the insured commercial three party insurance claim, which provides legal support forcompulsory insurance and commercial insurance with trial mode. This paper is part ofthe judicial practice, but in the judicial interpretation not explicitly involve compulsoryinsurance and commercial insurance with hearing problems making the analysis anddiscussion. In order to solve the problems related to the similar case, improve judicialefficiency and protect the legitimate rights and interests of the parties.