The Coincidence Compensation Of Infringement, Injuries And Traffic Compulsory Insurance

It is not a strange topic for injuries and accidents issues, because they had been researched too much from the 1980’s. Research Concurrence injury insurance compensation and third people torte damages although it has a lot of result, but whether in theory or practice profession has no unified conclusion. This paper explores the third people torte damages, compensation for industrial injury insurance, traffic compulsory insurance compensation issue how to deal with three competing, competing among the three most common scenario is that the workers commute in a car crash.Articles in total consists of three major components, the first part explain the plight of the problem, by the reality of the two cases leads to a car accident on his way to work when the injury is identified as the only injury insurance compensation and the tort damages concurrence of different treatments, that are used have both model and add mode, a case described by a traffic accident damages and the tort damages competing to obtain full compensation, and then analyze the pros and cons and the impact of that things. The second part focuses on coincidence of the tort damages and the injury insurance, the tort damages and traffic compulsory insurance. Introduced when injury insurance compensation and t the tort damages competing, how the four modes processing in foreign countries, and our country’s relevant practices. From the perspective of the angle of the insurance industry professionals and noninsurance industry professionals analyze what the principles is when the tort damages and insurance companies undertake traffic compulsory insurance compensation concurrence. The third part is the core of the article, here it presents how to deal with the tort damages, industrial injury insurance and traffic compulsory insurance compensation when the three are competing, the right to life and human health as the most important, there are two modes to be used in different circumstances:have both model and add mode. The torte damages, industrial injury insurance and traffic compulsory insurance compensation should accord to the law and within their own respective legal relief, not because other term of relief and alleviate their responsibility to deal with, which is the purpose. First, to distinguish two different treatment for emergency and post-emergency situations to relieve. In an emergency, according to the law of compensation each other; after the state of emergency lifted, the situation is further divided to whether caused by disability, resulting in disability or more the compensation process follows the same substance of the current project using add mode compensation, all items for use later in life have both mode of compensation, in order to achieve maximum relief under the current conditions of the injured workers and their families. Above levels did not cause disability compensation process should follow two principles:First, the fastest rate relief; the second is the ultimate losses should be borne by the infringer. The last part is the conclusion.The tort damages, injury insurance compensation, and the tort damages, traffic compulsory insurance compensation, they two competing issues is debating, the three competing is how to deal with it? This article just want to point out some views of its own, have the idea that it maybe can help to the current theory or whether practitioners.