Study On Victim’s Right Of Direct Claim Under Compulsory Insurance For Traffic Accident Of Motor-driven Vehicle

Established under the legal alliance of Traffic Accident Tort Law and Claim underCompulsory Insurance for Traffic Accident of Motor-driven Vehicle, the victim’s right ofdirect claim is characterized with legality, remedy, and independence. Currently, China’slaws and regulations involving the victim’s right of direct claim are mainly the LoadTraffic Safety Law, Insurance Law, Compulsory Insurance for Traffic Accident ofMotor-driven Vehicle, and Interpretation of the Supreme People’s Court of Some Issuesconcerning the Application of Law for the Trial of Cases on Compensation for TrafficAccident Injury.Others except those of the insured and inside the vehicle can be included in the scopeof the victims, but under certain conditions, those of the insured and inside the vehicle can become the victims. The time and space judgment criteria should be used for the identification of those inside the car, i.e. in the event that people caught in a traffic accident are outside the motor vehicle and the driver gets off the vehicle to examine the vehicle and the passengers thrown out of the vehicle, the time and space judgment criteria should apply to the identity transformation from those inside the vehicle to the victims. The insured and thedriver shall not become the victims of “the vehicle”, but in an accident of mutual damage,can become the victims of “the other vehicle”; the family member(s) of the insured can bethe victims.The compensation extent of the victim’s right of direct claim includes property lossand personal injury but excludes indirect loss. In such situations as driver drunk anddeliberately created traffic accidents, the range of the victim’s right of direct claim shouldinvolve compensation for personal injury, and the insurance company holds the right ofrecourse. There are four validation conditions for the victim’s right of direct claim, whichinclude liability for compensation be confirmed, the amount of compensation be withinthe liability limit defined under Compulsory Insurance for Traffic Accident ofMotor-driven Vehicle, insurants fail to make compensation or full compensation for thevictims, and the insurants be sluggish in requesting compensation from the insurer. Amongwhich, the defining media for compensation liability include court decision, arbitraldecision, reconciliation agreement, and settlement agreement; cognizance of sluggishclaim should involve two aspects of both the time and acts of the insurants. Whenexercising the right of claim by means of litigation, the insurance company and the tortfeasor should be listed as codefendants and the insurance company should not conflictthe victims with Compulsory Insurance for Traffic Accident of Motor-driven Vehicle asdefenses though it enjoys legal defenses. When exercising the right of claim without suits,the victim should prove the occurrence of the traffic accident, his suffered injury, and theimplicated relation between the accident occurrence and his injury; combine the Rules ofClaim Settlement under Compulsory Insurance for Traffic Accident of Motor-drivenVehicle to analyze possible obstacles such as the victim fails to get the basic informationof the insured vehicles during exercising the right of direct claim. Therefore, it issuggested to perfect the claim process through Rules of Claim Settlement underCompulsory Insurance for Traffic Accident of Motor-driven Vehicle, to regulate theinsurants’ cooperated obligations, and to subdivide the advance payment system.