Motor Vehicle Liability Forced The Victims Of Insurance Protection For Research

In order to protect the victims of traffic accidents,many countries and regions have carried out the motor traffic accident liability compulsory insurance since the beginning of the last century. The Road Traffic Safety Law of China states that our country practices the motor traffic accident liability compulsory insurance system. And The Motor Traffic Accident Liability Compulsory Insurance Ordinance, which was based on The Road Traffic Safety Law, has been adopted and put into force on July 1st ,2006.On the direct purpose of protecting the victims in the road accident, the Motor Traffic Accident Liability Compulsory Insurance Ordinance makes a statement that the victims are the main party of the contract, which is a breakthrough to the contract relative theory. However, the victims in its regulation cover less, which can not protect the victims effectively. The victims should cover passengers, the holders and the insurants who are not controlling the motor when the accident occurs, and their family members.The victim's right of direct claim is given in the most countries and regions, but it is not stated explicitly in the law of our country. Thus, it is unfavorable to protect the interests of the victims in practice. So China should provide the direct claim right definitely. This kind of right is endowed by law and the insurer should not apply the terms to the victims,which are supposed to be applied to the insured. The insurer should pay the insurant amount to the victims directly unless the insured has already made the claim within the scope of coverage.The goal of the motor traffic accident liability compulsory insurance is to guarantee the victim's right to get compensation legally and effectively. Mainly include the scope of compensation and the amount of compensation. In the scope of compensation, the practices in developed countries are adopted and the provision of our country is more comprehensive. While in the amount of compensation our country adopts the quota of duty, but the mode and the amount of the quota of duty is much unreasonable. Our country should adopt the "per person and per accident" limit of liability model, and gradually increase the duty motor vehicle compulsory insurance liability limit, thereby enabling to protect the victims.If the motor vehicle escapes, the motor vehicle uninsured or the insurance company goes bankruptcy, the victims will not receive compensation from insurance companies. Therefore , besides compulsory insurance, coordinative measures are provided in the law to provide the basic issue of compensation of victims. The most common approach is to establish the fund of relief as a supplementary mechanism for compulsory insurance, which provides basic compensation if anything particular happens. Relatively speaking, our country's social relief fund system has just been set up and a lot of aspects are still required to improve, especially to expand the source of relief funds.