Research On The Right Of The Third Party Victims To Directly Request Insurer To Pay The Insurance Money

In the modern society with automobile traffic accidents occurring frequently, the compulsory liability insurance system for motor vehicles is of great significance both in protecting the interests of the victim of automobile traffic accidents and improving traffic safety. Nowadays more than 85% of the countries and regions in the world have carried out the compulsory liability insurance system for motor vehicles. Providing a third party in the motor vehicle compulsory liability insurance the right of direct claim, is a direct embodiment of the legislative purpose to assure the victim of automobile traffic accidents to obtain indemnity in time.Supported by laws and regulations, such as Maritime Traffic Safety Law of the People’s Republic of China and Compulsory Traffic Accident Liability Insurance for Motor Vehicles, China’s compulsory liability insurance system for motor vehicles has been preliminarily established a few years ago. Because of the backward development of Insurance Law and the inexperienced judicial practice, it has design defects including the lack of specific provisions on a third party’s right of direct claim, which is the most obvious.Starting with the protection for the interests of the victim, this article is divided into five parts to discuss the existing problems and perfection of the compulsory liability insurance system for motor vehicles as follows:The first part defines the compulsory liability insurance for motor vehicles. It explicates the basic concept of it, and summarizes the characteristics of it. By comparing the compulsory liability insurance for motor vehicles and the third party’s compulsory liability insurance for motor vehicles, it demonstrates the characteristics of the compulsory liability insurance for motor vehicles more clearly.The second part mainly discusses the "third party" of the compulsory liability insurance for motor vehicles. It firstly introduces the concept of it, and then introduces the legal status and the scope of a third party. Finally it mainly discusses the legal ground and the basic theory by which a third party can obtain the right of direct claim. The third part mainly discusses the excise of the right of direct claim for a third party in the compulsory liability insurance for motor vehicles. By discussing the condition, content and limitation of the excise of the right of direct claim for a third party in the compulsory liability insurance for motor vehicles, it aims to find out the deficiencies and defects of the right of direct claim for a third party in the compulsory liability insurance for motor vehicles.The fourth part mainly introduces the specific provisions on the right of direct claim for a third party in the compulsory liability insurance for motor vehicles of other countries and regions, including Britain and the United States which use the Anglo-American law system, and France, Germany, Japan and Taiwan, China which use the continental law system. Through the introduction to the good experience from those countries and regions, it aims to make up for the shortcomings in the right of direct claim for a third party in the compulsory liability insurance for motor vehicles.The fifth part aims to improve the right of direct claim for a third party in the compulsory liability insurance for motor vehicles, mainly depending on Chinese laws and regulations and the experience from the judicial practice, and using related practice of other countries and regions as reference. At first, the provisions on compulsory insurance of the compulsory liability insurance for motor vehicles shall be improved, to make the compulsory liability insurance for motor vehicles a complete coverage. Providing a third party the right of direct claim shall be further clear. The scope of a third party in the compulsory liability insurance for motor vehicles shall be expanded appropriately. The no-right party shall be listed in the scope of the insured in the compulsory liability insurance for motor vehicles. The content of the right of direct claim for a third party in the compulsory liability insurance for motor vehicles shall be improved. In the end, the specific suggestions shall be provided on the supporting system for the right of direct claim for a third party in the compulsory liability insurance for motor vehicles.