Font Size: a A A

Study On The Compensation Of The Motor Vehicle Third Party Liability Insurance For Civil

Posted on:2014-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:H G ZengFull Text:PDF
Abstract/Summary:PDF Full Text Request
There are many controversies in execution of the third party liability insuranceof motor vehicle business and the compulsory insurance for traffic accident ofmotor-driven vehicles. They are both liabilities but are different in character, liabilityfor damage, lawsuit position, insurance coverage, exception clause, premium rate andthey shouldn’t be confused in the application. The third party liability insurance ofmotor vehicle business is a voluntary insurance, which should be based on respectingthe contract freedom spirit, but it should investigate the legal effect of the standardterms which are provided by those insurance companies with a strong position.Compulsory insurance for traffic accident of motor-driven vehicles is a kind of policyinsurance system, which has the social security function to effectively resolve thesocial contradictions caused by the traffic accidents. It aims to maintain the socialpublic interests, including those of the masses of applicants, insurants and victimswho are also customers. Therefore, the reform of the compulsory insurance for trafficaccident of motor-driven vehicles system should adhere to the principle that the socialpublic interests come first while taking efficiency and fairness into consideration.With the development of economy, a large number of traffic accidents happen, andthe compensation of the third party liability insurance of motor vehicle has beenincreasingly apparent. The current third party liability insurance of motor vehiclebusiness and the compulsory insurance for traffic accident of motor-driven vehiclesare not reasonable in such aspects as no compensation for nonmedical insurance, nocompensation for vehicle depreciation and stoppage, responsibility for familymembers only, no compensation for passengers, and clauses that discriminate tractorsand trailers, which severely damage the legal rights and interests of the victim and theinsurant. The court should pay attention to investigating the legal effect of the exception clauses of the insurance clauses from the insurance companies, then can itplays a good value-leading part in the third party liability insurance of motor vehiclesystem. The paper focuses on combining the insurance practice and the trail practice,putting forward and analyzing problems as well as the combination of the socialeffects and the theories. At the same time, it pays attention to the rescue funds systemof the road traffic accidents from the central aspect, speeding the working pace of theroad traffic accidents rescue funds and give full play of its relief function for the thirdparty as victim to maintain the social harmony and stability.
Keywords/Search Tags:The third party liability insurance of motor vehicle business, Compulsory insurance for traffic accident of motor-driven vehicles, Road trafficaccidents rescue funds
PDF Full Text Request
Related items