The Reserch On Compensation For Damage Claims Concurrence In Traffic Accident

Compensation for damage claim concurrence in traffic accident is that the victim enjoys multiple compensation for damage claim due to traffic accident fait juridique meets multiple law constitutive requirement. Its legal feature is premised on traffic accident fait juridique, the interests and rights of the injured are single, right concurrence is formally confirmed by the third party, while concurrence right cannot be satisfied. The reason for traffic accident compensation for damage claim concurrence is that tort damage compensation claim right in traffic accident and other claim rights generated by different legal responsibility on account of the same payment purpose resulted in concurrence. The generated condition of traffic accident compensation for damage claim concurrence lies in legal relation and legal responsibility existed in legal fact constitutive requirement concurrence, and from this generated different claim right has the same payment purpose. Several main forms of traffic accident compensation for damage claim concurrence are breach of contract compensation for damage claim right, insurance indemnity claim right, worker’s compensation claim right, product quality tort damage compensation claim right, traffic accident tort damage compensation claim concurrence, and traffic accident tort resulted in the third person compensation for damage claim concurrence. Application of law of traffic accident compensation for damage claim concurrence including select of law of ordinary claim right and extraordinary claim right, for maximum interest select right of claim concurrence and how to select when claim concurrence is limited. After analyzing and summarizing application of law issue of traffic accident compensation for damage claim concurrence, putting forward the proposal of perfect traffic accident compensation for damage claim concurrence system, which is avoiding double liability for damage and caution in related liability for damage, putting forward that psychological compensation for damage should also be manner of traffic accident compensation for damage, specifying traffic accident confirmation should be reasonably accepted and believed evidence as the judgment foundation.