On The Feasibility Of The Joint Hearing Of Compulsory Insurance Case And Commercial Third Party Liability Insurance Case

In July1,2006the formal implementation of the "motor vehicle traffic accident responsibility compulsory insurance regulations" provisions, within the territory of China, each vehicle must be insured motor vehicle traffic accident responsibility compulsory insurance (hereinafter referred to as the insurance to pay strong).Because the compulsory traffic insurance on each insured vehicle units to calculate limit of indemnity, and handed over the strong danger set limit is often not sufficient to compensate all the losses caused by the accident, to make up for the loss, the insured to pay strong insurance will choose to purchase commercial third party liability insurance as a supplement. With the increasing amount of the automobile, the frequency of road traffic accidents, resulting in the court of road traffic accident damage compensation cases also showed a rapid increase trend, which relates to pay strong insurance and commercial three party insurance cases accounted for the larger proportion. Due to the strong insurance and commercial three party insurance general liability insurance has the common features, and a material difference, make each district court in judicial practice in the road traffic accident damage compensation cases deliver strong danger and three commercial insurance can trial, litigation in three commercial insurance company litigation status, and handed over the strong danger and three commercial insurance compensation order issues did not form a unified view, there is a big difference, and also become a problem in the judicial work. The author thinks, in the road traffic accident damage compensation cases, when deliver strong danger and three commercial risk coexist, if in cross-strong insurance liability limits cannot fill the injured parties loss, should according to the insured during the accident by fault liability, commercial three party insurance companies in the insurance contract in the limit of compensation contract, to the benefit of the third compensation for their losses, still can not fill the injured third people when the loss, by the insured shall bear the corresponding liability for compensation. The situation in the compulsory insurance and commercial three party insurance for the same insurance company, on the basis of "insurance law" of the relevant provisions of the insurance conipanv. as the defendant involved in itigation to without much resistance, but in the compulsory insurance and commercial three party insurance company is not the same insurance company case, in accordance with the "insurance law" the legislative spirit and value orientation of three commercial insurance, the insurance company can still serve as defendants involved in the litigation, in order to fully exercise their right of defense, it not only save litigation resources, reduce litigation, it is more convenient for disposable dissolve contradiction, made good social effect.