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Compensation For The Loss Of The Third Party Arising From Driving Without A License In The Mandatory Liability Insurance For Traffic Accidents

Posted on:2012-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:J C WangFull Text:PDF
GTID:2216330371954062Subject:Law
Abstract/Summary:PDF Full Text Request
In the compensation for traffic accidents within the liability limits for mandatory liability insurance for traffic accidents, insurance companies fulfill contractual obligations, which are not statutory liabilities, nor is compensation without liabilities. From the contractual stipulations and the legal provisions, insurance companies shall not be held liable for the loss of the third party arising from driving without a license within the liability limits for mandatory liability insurance for traffic accidents and the driver without a license shall be held liable for such loss. In the case of driving without a license, insurance companies are only responsible for prepayment for emergency medical expenses, and have the right to recover such expenses from the person liable for the accident, not responsible for other property losses. With regard to the loss within the liability limits for mandatory liability insurance for traffic accidents which arises from the unlawful practice committed by the person without a license, such person shall be held liable for such loss due to the fact that such person has the absolute fault, and it is inappropriate to bear such loss by the parties in the accident according to their fault. Insurance companies shall make compensations and prepayment prior to the recovery within the liability limits for mandatory liability insurance for traffic accidents and the viewpoint that the loss shall be borne by the parties in the accident according to their fault within the liability limits for mandatory liability insurance for traffic accidents violates the legal value and the spirit of the law.
Keywords/Search Tags:mandatory liability insurance for traffic accidents, driving without a license, compensation for the loss of the third party
PDF Full Text Request
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