The Lawsuit Status Of Insurance Companies In The Cases Of Traffic Accident Damages

Today's rapid socio-economic development has brought increasing numbers of motor vehicles, at the same time, traffic accidents have been frequent reports of casualties and property losses more and more serious. And it has becomed a serious social problem. The resolution of this issue need to mobilize all the forces of society to actively participate and to take various measures, in particular, legal means. Our country learned from the practice in developed countries and established a system of traffic compulsory insurance in The Road Traffic Safety Law on May 1st, 2004 .Thereafter ,on March 28, 2006 ,the State Council, The Motor Traffic Accident Liability Compulsory Insurance Ordinance's promulgation and implementation indicates that China has entered the era of motor vehicle liability compulsory insurance. The traffic compulsory insurance system is very important .It can protect people's lives and property, can promote road safety and maintain social stability, and can embody the concept of people-oriented legislation.In this paper, it makes the first case of traffic compulsory insurance in China as the breakthrough point, combines with the relevant legislation around the world and actual conditions in China, and discusses and analyzes the direct claim right of the third party in traffic compulsory insurance and the legal status of insurance companies in litigation related to the legal theory and practice. This paper will take up the lawsuit status of insurance companies in the cases of traffic accident damages from multi-angles one by one :the direct claim right of the third party, the difference between traditional commercial insurance and traffic compulsory insurance, the situation of domestic and foreign legislation in traffic compulsory insurance, practices and problems in the judicial practice in China. It explains my position to support giving the direct claim right to the third party on the base of statutory debt share theory in order to reveal a statutory co-defendant's status in the proceedings. The article proposes legislative, administrative, judicial and other measures taken to clear the lawsuit status of insurance companies in the cases of traffic accident damages in order to make up for the damage to the victims more effectively and more fairly, to play motor vehicles' compulsory insurance functions, to realize social justice, and to safeguard social harmony and stability.In addition to the introduction and conclusion in the full text, the paper , divided into three parts , analyzes and discusses the lawsuit status of insurance companies in the cases of traffic accident damages.The first part is brief theory introduction to compulsory insurance system for motor vehicle traffic accidents. This part introduces the concept of motor vehicle traffic accident liability compulsory insurance, insurance contracts' parties and related people,and it focuses on six theories about the direct claim right of the third party in particular and at the same time ,it makes an analysis of the difference between traffic compulsory insurance and commercial insurance.The second part describes the development of motor vehicle traffic accident liability compulsory insurance system at home and abroad.The third part is the actual situation and lacks about the legal status of insurance companies in litigation. This section describes the legislative status and the judicial practice of the status of litigation of our insurance companies in the cases of traffic accident damages. This section makes the comments on provisions for the legal status of insurance companies in litigation in The Road Traffic Safety Law and The Motor Traffic Accident Liability Compulsory Insurance Ordinance And it analyses the different practices and problems in order to reveal the need of clearing the legal status of insurance companies in litigation for our country by giving the third party the direct claim rignt to insurance companies to protect victims' interests and achieve legislative purpose.Partâ…£. is perfect recommendations. This section attempts to draw on the advanced experience of developed countries in the West according to the actual situation in China,and suggests giving victims the direct claim rignt to insurance companies clearly from the legislation, justice, administration and others in order to clarify the legal status of insurance companies in litigation further to protect victims' interests better and achieve legislative purpose.