Study On Solving The Problem Of Damage Caused By Uninsured Motorist In China

With compulsory motor vehicle liability insurance(hereinafter referred to as insurance) low cover rate in our country, this paper is aimed at solving the problem that how to compensate the accident victims effectively, providing that those responsible were without economic ability or escaped.According to data released by the Insurance Association of China, by 2013, the insurance cover rate was59%. As a safeguard of the traffic accident victims, insurance in the reality failed to cover all motor vehicle in the short term, and thus brings the problem of traffic accident damage compensation resulted from those uninsured motor vehicle. While from the view of tort law, shall be the persons responsible for the victims pay the compensation, but if the persons are without economic ability or escape after the accident, the victims may not get compensated. As to this problem, besides the relevant measures to improve insurance cover rate, it is more important to ensure the victims get compensated adequately and timely. Based on this starting point, this paper applied the method of comparative research and literature research, summarizing the current two models in the world solving the problem ——within insurance system and outside insurance system. The former is mainly public assistance funds, and the latter is divided into compulsory and selective model, according to whether the uninsured motorist coverage is compulsory. Through the comparative analysis of these two models, combined with the reality that our country has established the assistance fund, this paper held that the selective insurance model is available to our country, and demonstrated the feasibility of using the uninsured motorist coverage in California, the U.S. for reference. This paper analysed the sentence of the uninsured motorist coverage in California, our social assistance funds, our current commercial insurance. Based on the analysis above, this paper concluded that to better solve the problem in our country, the uninsured motorist coverage should be introduced to our country as a commercial insurance, which is available for the owner or manager of motor vehicle. Finally, this paper put forward some suggestions on the uninsured motorist coverage.