Discussion Insurance Company In The Case Of Motor Vehicle Traffic Accident Liability And Rights

The amount of automobile traffic accident disputes is at large in civil case in our country. The main disputes concentrated in this type of cases is that whether the victim can get compensation, get how much and where to obtain compensation. However, these three questions can cause numerous related legal problems. It not only involves the tort legal relationship, but also insurance law relationships. Thus it causes the complexity and controversy of the automobile accident disputes.The center case of this paper is an automobile traffic accident case occurred in the process of the author’s graduation internship. During the process of case handling, the author read relevant materials and found that existing research mainly focused on the relationship between the responsibility of automobile accident and automobile compulsory liability insurance, the nature of the insurance liability of the insurance company in the traffic accident, the relationship between compulsory liability insurance and commercial insurance, etc. But for the responsibility nature of two cars together causing the traffic, as well as the condition that one party or more in the case are uninsured for the compulsory insurance are few involved in the applicable law.First, the author uses the case study, the methods of induction and deductive comprehensive analyzes the problems existed in the case, especially clear the nature of the responsibility of the parties shall bear, and discuss the related legal problem triggered by the case in two aspects:the legality and rationality. Second, law is a practical subject. Legal research finally needs to return to the current law, discusses whether it designing reasonable, and in what aspects need to improve or to explain. Finally, the author explains and elaborates the relevant concepts and principles involved in this case, and made the full text appears progressive gradually in the writing format.