Legal Issues Study Of Personal Injury Claims On Motor Vehicle Insurance

With the constant improvement of the level of social economy and the increasedpromotion of the people’s living standards, motor vehicles moves into householdconsumer realm, and has become one of the people’s life necessities. However, theincreased anxiety of road traffic safety issues and the frequent occurrence of carinsurance injury cases supervened,“personal injury scalpers” have become more andmore rampant.“Personal injury scalpers” are agents of the insured or victims who apply toinsurance companies for claims by means of fraud such as faking disabledidentification.The main reason of high premium, high compensation and negativeearning, business difficulties Shanghai car insurance market now encountered, is thatthere are many insurance fraud such as “personal injury scalpers”. It does not onlybring immense needless expense and higher business risks to insurance companies，and then raises the insurance rate of premium, harms other insurance consumers’interests, but also has a bad effect on the development of the whole insurance industryand a favorable atmosphere’s formation of the society. Cutting off vile hands of“personal injury scalpers” and governing claim disorders of car insurance are full ofrealistic value today. However, the reasons why “personal injury scalpers” are so rampant are manyfaceted. In personal injury cases of motor vehicle insurance, there are many processesand extensive concerns. Any incomplete in laws and regulations and any loose insupervisions may be employed by them. In order to control the rampant situation of“personal injury scalpers”, a variety of measures should be taken. This thesis focuseson root causes analysis and system reforming of claim disorder in Shanghai, tries tolook into this problem from two approaches--the disabled identification andsupervision of “personal injury scalpers”.The first part describes and analyzes the current situation of personal injuryclaims in Shanghai car insurance market, pointing out that the main reason of deficitis the existence of rampant “personal injury scalpers”. Their activities have naturecharacteristic of insurance fraud, but they become more and more rampant forincomplete regulations and loose supervision. Many claim processes lead to toughrisk management and control, the root cause lies in the disabled identification. Andthen analyze the root causes behind the rampant “personal injury scalpers” anddisabled identification.The second part tries to administer the disabled identification from theheadstream. Reveal the main existing problems in the disabled identification. Useoverseas regulations on evidentiary effect and experiences on evidence collection ofexpert opinion as a source of reference, and then bring forward correspondingmeasures, including amplify and improve courtroom testimony system of experts,optimize evidence collection rules of the expert opinions in disabled identifications,moderately liberalize application criteria of reappraisal and establish blacklists.The third part explores solutions to control the rampant situation of the “personalinjury scalpers” from the dimension of legal supervision. They use illegal measures tomake legal claims. It’s hard to supervise them because they lie in a neglected aspect oflaw. In this part, I will utilize the successful experience of insurance pay agent andanti-insurance fraud in Taiwan, Japan and America, analyze and summarize ways tocut off vile hands of “personal injury scalpers”, hoping to narrow their living space.