The Study On Legal Question Of People In The Insured Vehicles Converting Into Victim Of Compulsory Automobile Liability Insurance In Traffic Accidents

The rapid growth of the number of cars has greatly increased the incidence of motor vehicle accidents, the number of accident deaths and serious injuries is also increasing. Types of accidents also increases vehicle changes, unilaterally traffic accidents more and more, the vehicle personnel due to being excluded from the victim to pay high insurance to pay high insurance can not be given for payments, and commercial third party liability insurance also be excluded from the scope of payment, but especially the development board officers liability insurance as an additional insured commercial vehicle injured in traffic accidents give the vehicle board staff some relief, but the amount of compensation is not sufficient given the additional insurance victimization and effective relief personnel of the vehicle, so that their rights are not protected, greater differences in trial practice.Currently, some courts have begun to tend to the vehicle staff into the decision to pay high insurance for the victims of the car paid staff. But because of the legislation on the "car people" did not make a clear definition, the courts of the car who converted to pay high insurance victims of that standard is not unified, theory practice now about this vehicle staff into pay high insurance victim’s has three categories: "Collision transformation", "the position transformation", "the transformation of said collision position." These three perspectives also have a theoretical basis, but there are also varying degrees of impairment, "Collision transforming said," focuses on the damage this causes vehicle personnel, which requires their vehicle collision damage is generated, if the victim’s head and legs have injuries, but head injuries are in the car and car collisions, leg injuries are in the process of being thrown out of the vehicle caused by the wheels rolling, and its in the car the harm suffered by the board officers liability insurance should be paid, then there will be "the first car to lose, lose leg outside the car," the case to trial more difficult. "Position Conversion said," focuses on changes in the position, as long as the position of the vehicle relative to personnel changes in vehicle accident, you can get paid to pay high insurance, motorcycle, for example, as long as the accident harmed substantially underwriting insurance company must be on motorcycle car ride people paid, is clearly not in line with legal requirements. "Transformation collision position to say" be integrated and coordinated basis of the previous two perspectives, comparatively speaking, more in line with legal requirements. But overall, there is no uniform standard for court cases identified as a reference, it will lead the public to question the credibility of judicial decisions, but also causing a traffic accident victim damages unfair.This article from the court a few examples of the present vehicle personnel compensation judgment in the case paper puts forward the current judicial practice in the disputes, and the use of a comparative approach, the compensation system of the current cross-strong insurance victim system and the vehicle staff with foreign related system compared to the initially proposed to improve our personnel into this car to pay high insurance provisions victim recommendations. In this paper, the author will be divided into four specific parts:The first part mainly cited case describes a scenario in person about this car controversial compensation practices and different standards identified transformation; the second part describes the scope of the victim to pay high insurance and the existing staff of the vehicle compensation system; the third part introduces strong cross-Taiwan, China and other countries, the risk of a range of provisions relating to victims and concluded that the vehicle Enlightenment staff compensation system; the fourth method of theoretical analysis demonstrates personnel should be included in the vehicle to pay high insurance within the scope of the victim, and the conversion of the vehicle who put forward a sound proposal for the victim to pay high insurance provisions aimed at reducing future judicial practice of the vehicle personnel compensation dispute.