Research On Insurance Responsibility Of Motor Vehicles

Regarding to the increasing of the motor vehicles due to the rapid socioeconomic development, however traffic accidents also increased, which lead to more serous damage of safety of people and lost of property. In the meantime, there are more insurance disputes related to the motor vehicles. As I worked in the Primary Court sine 2004, I have been dealing with disputes cases related to the motor vehicles, as the implement of the National Law of the PRC On Road Traffic Safety, Compulsory Motor Vehicle Insurance Act, and new Law of Insurance, from the quantity and category of the disputes, we can see that not only that the quantity and category of the disputes become more, but small case used to be ignored become recognized by the court due to the revising and improving of the laws and regulations This research paper describes in two parts regarding to my personal trial experience about the frequency cases of the insurance disputes of the motor vehicles, which are also very controversial.Part one mainly concerning to the general description of insurance disputes of motor vehicles. First starting from the basic principles of motor vehicles insurance law, describe the basic principles of dealing with the motor vehicles insurance contract disputes. All the disputes under the circumstance of no specific regulated, the using of basic principles should be considered. Then according to whether it is controversial, insurance contracts are divided into controversial and commercial. This research paper is mainly about the commercial insurance part.Second part is the specific analysis about the compensation regulations according to the responsibility due to the lost of motor vehicles.Insurance of lost of motor vehicles is the basic type of commercial insurance, it is included in the commercial insurance, and also takes an important role. The history of lost of motor vehicles insurance, and the way to deal with is mature, also the regulation is completed developed. One of the regulations is almost the same from different insurance company, motor vehicles damage occurred during the accident, the responsibility of insurer is defined according to the percentage of the responsibility of driver. This regulation had been used for long time, however it has an adverse effects during practice while been doubt by the theorists.This paper will see from 4 aspects: the prupose and nature of the insurance, effects of the regulations, behavioral effects of the regulations, and the system of the insurance, so as to analysize the terms of irrationality, and to arrive that the provision should be invalid.The third part is the specific analysis about the duty of notification due to the transference of motor vehicles.Contract disputs course by the motor vehicle transferance, is one of the importation issue during trial practics, especially it had been revised by the new Insurance Law, which have an impact in dealing with the disputes both in theory and practic. From the regulations of old Insurance Law, I will analysize my point of view upon the legal consequences arising from the fails to notify the motor vehicle transferance. On the other hand, I will put forward my opinion by comparing the old with the new Insurance Law.