On The Motor Third Party Liability Claims In The Direct Victims

Nowadays, with the rapid increase in motor vehicles, traffic accidentshave become a major factor of social instability.As ordinary people awareness of roadsafety, road traffic order is relatively slow, resulting in a substantial increase in roadaccidents and the number of cases increased significantly.Data show that in2007thenational courts of first instance motor vehicle road traffic accident cases for damagestotaling296,969, accounting for6.3%of civil cases of first instance;2008was375,082,accounting for6.9%of civil cases of first instance;2009was464,703, accounting for8.0%of civil cases of first instance;2010was612,596, accounting for10.1%of civilcases of first instance;2011was744,570, accounting for11.3%of civil cases of firstinstance;First half of2012, the number of cases is to reach403,476.Regardless of thenumber or proportion of absolute point of view, motor vehicle damage claims in casesof road accidents are in rapid upward trend.How to effectively solve social conflicts andpromote social harmony and stability, timely protection of the legitimate interests ofaccident victims, highlighting the legal justice and dignity, is placed in the People’sCourt in the face of reality.In promulgated the "Insurance Law","PRC Road TrafficSafety Law,""compulsory traffic accident liability insurance regulations", the victimabout whether the third person gives direct claim on the theory and practice of constantcontroversy.To implement the party’s18proposed by one of the five major strategicplan, and effectively protect and improve people’s livelihood, accelerate the formationof legal guarantees for the social management system for building a well-off society toprovide effective judicial protection,Supreme Court under the "Tort Liability Act","Contract Law","PRC Road Traffic Safety Law,""Insurance Law","PRC CivilProcedure Law" and other relevant laws regulations,Combined with trial practice, theJudicial Committee of the1556meeting discussed and adopted "Supreme Court to hearroad traffic accident damages case law applicable to the interpretation of a number of issues," explains solve this court in the country’s motor vehicle road traffic accidentcases, it will be covered by motor vehicle accident insurance company as to what actionstatus.Victims may also be due to a direct claim insurance contract exists, but here is toexplore, mainly arising by law direct victim claims that a direct request by the law givesthe right.