On The Direct Requests Of The Third Party In Liability Insurance

Liability insurance plays a very important role for the implementation of civil liability system, and provided a guarantee for the victims, but the liability insurance system itself that there are still some victims are not conducive to the issue of compensation. Insurers and the insured have the rights and obligations because of the insurance contract, it does not have any influence to the third party, this is called relativization principle, but if the principle is to be complied strictly, in some cases will impeded the victims to get compensation, such as the insured fled, bankruptcy, unable to compensation and define to advocates the rights. With the development of liability insurance, the purpose of liability insurance takes some changes from purely security interests of the insured to the interests of victims of the third party, in order to achieve this goal, many countries, through legislative means to the third party directly right to the insurer, but national legislation is not exactly the same, such as Japanese law provides the right to direct request only in line with provisions of the special law or the contractual agreement. But In Australian, the third party is bound to have a direct request. When the idea of protect the third party is accepted to the Legislators, given the third party the rights of direct request has no dispute, but how to exercise the right of direct request, need a carefully and detailed exposition. Because the direct rights will definitely affect the interests of the insurer, it needs the interests of balance between the third party and the insurer. National legislation on this issue are the provisions of the corresponding, generally, in accordance with the degrees of protection to a third party to give insurers the right to defend different, for example, the defence space in mandatory liability insurance is narrower than the general liability insurance. The insurer's defence including the insured on the third party subject of a defence against the third party, a third person to seek compensation insurance, provided that the insured person to third party liability, including the insured's negligence caused the responsibility and legal provisions to the third party assume the liability, so the defence of the insurer is reasonable. For general liability insurance, insurance against its people can be the subject of insurance against the third party. These third party liability insurance is how to exercise the rights, is a important issues after given the third party the direct request.China's insurance legislation is not completely positive to the direct request of the third party. Civil Aviation Act about the third party of aircraft operators on the ground clearly regulates that victims of the third party can directly request compensation from the insurer; By the legislative, Marine litigation special procedure act provisions the right to take insurer of compensator as defendant for compensation of oil pollution at sea, this also affirmed the direct request of the third party, but no other laws in china provide this other than above two legislative provisions. The law of compulsory automobile liability insurance which intended to protect the motor vehicle accident victims to receive compensation did not provided the direct request of the third party. The reality that the insured may escape, bankruptcy, unable to exercise their rights of compensation is not good and reasonable to the victims if there was no direct request for the third party. To protect the victim the third party, what we need to solve is not only the basic requirement for the compensation, but the actual compensation in time. Therefore, in normal circumstance, direct request to the third party is the requirement of the social reality, the liability insurance should be amended to provide direct request of the third party.