Research On Insurance Subrogation Of Insuer In Motor Vehicle Compulsory Liability Insurance

Insurance Subrogation of insuer in Motor Vehicle Compulsory Liability Insurance aims to balance the benefit of the insurer, the insured and the victim and maintain the principle of indemnity.The significance of the establishment of this system is twofold, on the one hand, it can urge the insured to be law-abiding; onthe other hand, it can increase the insurance company’s motivation to compensate victims for the loss.The Supreme People’s Court of The People’s Republic of China has publicized a judicial interpretation on compensation to victims of traffic accidents On December 21, 2012, and this is the end of dispute revolved about whether the insurance companies are entitled to the right of the subrogation in Motor vehicle traffic accident liability compulsory insurance after compensate the loss of the victim Disputes, however, are often ignited by the complex enforcement manners of this kind of insurance subrogation-right and the two kinds of different rights scope, which means the fully exercise and the partly exercise and so on.In order to make the social function of this right can exert better by the force of the exercises of this right, meanwhile, let the infringers to be responsible for reasonable civil liabilities and promote social equity and justice, this article will analyze whether the insurance companys have and how to exercise this right combine with some cases in the way of linking theory with practice.The first part mainly from the legal level and theoretical level analyzes the basis of the insurance underwriter salved to produce, and the rights obtained by means of comparative research on the right is the right of subrogation in nature.The second part mainly discusses the insurance underwriter the establishment of the right of recourse against the elements, and set up time. Insurance underwriter is the establishment of the right of recourse against the time after the underwriter compensate pays insurance compensation, the underwriter compensate pays insurance subrogation rights obtained after compensation.The third part is the focus of this article. This part adopts the way of case analysis on the exercise of the right to object, the scope of exercise are discussed in this paper. Object of this paper holds that the exercise of this right includes both direct infringer, including indirect infringer, the scope is in accordance with the insurance payouts full exercise.