Research On The Subrogation System Of Compulsory Motor Vehicle Liability Insurance

Insurance subrogation, also known as the insurance subrogation recovery, refers to the right obtained by the insurer from the insured to request compensation from the third party who bears civil liability according to the law. The right is owned by the insured before the insurer compensates the insured’s loss. The insurance subrogation applies only to property insurance and other insurances which is to fill the loss.Since it was produced, the insurance subrogation has received universal recognition of States legislation in the world and formed a relatively sound, legal system, becoming an international practice after hundreds of years of continuous development. In the high country of the insurance industry, insurance subrogation system of legislation and judicial practice is already quite mature. It has become a very common practice that the insurer exercises the subrogation right after performing the compensation responsibility.But in China the.compulsory automobile liability insurance is in bill form provisions, a lower legislative level. Though there is road traffic security method under be tie, there still exist many problems and legislative blanks. This paper mainly analyzes problems of vehicle responsibility forced insurance of China:First, it doesn’t provide the nature of insurer’s recovery right in the22nd section of Vehicle Traffic Accident Responsibility Forced Insurance Ordinance. Second, the name of exercising subrogation right is not clear. Third, it is not clear who should have the priority when there is a conflict between insurer’s subrogation right and insured’s right of claiming for damage. IV. the provision about hampering subrogation right is not full. V. it doesn’t provide the limitation of subrogation right. And then the paper makes corresponding countermeasures on these problems:First, upgrade the legislative of vehicle responsibility forced insurance to legal level, and define the insurer’s recovery right as a subrogation right. Second, stipulate in Insurance Law that the subrogation right should be exercised in the name of the insurer. Third. stipulate clearly that the insured has the priority when there is a conflict between the insurer’s subrogation right and the insured’s right of damage compensation request. and the victim has the priority when his right of claiming for damages has a conflict with the insurer’s subrogation right. IV, stipulate clearly in vehicle responsibility forced insurance that it is not effective no matter who gives up the right of claiming damages to the third part, either the insured or the victim. V, clearly provide the limitation of subrogation right is the same as the insured’s right of claiming damages to third party, and no longer separately starting. In addition, this writing uses a combination of theory and practical approach. Some paragraphs in this article use case analysis problems in China’s compulsory automobile liability insurance subrogation system, making the article more practically significant.