Research On Protection Of Traffic Accident Third Party Victim’ Under The Insurance Payment System Of Motor Vehicle Compulsory Liability

Insurance payment system is the central part of the present compulsory liabilityinsurance system, and it is also the largest part receiving highest social attention andgiving rise to hot debate. This system can represent the level of third party’ protectioncurrently.Chapter one elaborates the legal basis of insurance payment system. This paperwill introduce the concept of insurance payment, give comments to insurancepayment system from transition of basic idea of tort liability and renovation ofadvanced idea of modern liability insurance.Chapter two gives observation of insurance payment system from a comparativelaw perspective. From introducing the advanced insurance payment system in Britain,America, German, Japan and Taiwan Area, it compares and analyzes importantproblems under the insurance payment system.Chapter three discusses the important problems under the insurance paymentsystem of motor vehicle. Firstly, understanding of the legal basis of insurancepayment liability. The controversy must be solved after discussing the basis ofinsurance payment. The result of this paper gets is that this insurance paymentliability is a performance of insurance contract payment. Secondly, analysis of the tortliability under insurance liability limits. The current system does not regulate the tortliability under insurance liability of the motor vehicle compulsory insurance system.This paper holds the opinion that this tort liability is a kind of danger liability, aspecial form of strict liability. Thirdly, regulation of the insurance payment premise.The current regulation consists of both body and property damage. This paper gives aconclusion that the insurance should only conclude body damage, while the propertydamage can be shouldered by business liability insurance of motor vehicle. Forth, theintrospection of insurance payment limits. The subentry liability limit model isapplied under the current legal system; this system is rational in essence but still has a lot to improve. Fifth, the excusatio of motor vehicle compulsory. No matter what isregulated in the law or in commonly used insurance contract, the insurance agent shallnot bear compensation liability when the insured person make an accident at will. Butthis paper holds a different opinion that the insured person is at will or at fault neithercan be the excusatio in light of the special policy nature of the motor vehicleinsurance, injured persons can still ask for compensation from insurance agent. Butthe insurance agent should be endowed a right of recovery of loss after that. Thecondition of “third party victim at will” should be concluded into the area ofexcusatio.Part four is the conclusion; it gives suggestions to our current insurance paymentsystem. Firstly we should point out the tort liability within liability limits of liabilityof insured person, so that a lot of controversies can be solved quickly. Secondly, theproperty loss should be excluded from the scope of insurance payment, which can beshouldered by motor vehicle business liability insurance. Thirdly we should exchangethe limits model to single limit on the basis of balancing the interests of insuredperson, insurance agent and the third party. Lastly, the range of excusatio should belimited because it is not in favor of third party. Atthe same time, the system of right ofsubrogation should be optimized so that the injured person can be well protected.