The Effect Of Deductible Clauses Of Traffic Insurance Contract

The law cannot fully adapt to the social life. In the judicial practice, some requests related with the traffic accident compensation for personal injury, which also appear in the insurance deductible clause. According to the Contract Law, the requests cannot be supported. But the requests related with the legitimate rights and interests of the victim, if not be supported may contrary to reason and law. And the court have made some different decisions. The article’s topic is commercial third party liability insurance deductible clause’s effectiveness, and want to find a solution. The article choice three cases about charged medicine, fami ly members and personal on the car deductible clauses, and summarize three questions about deductible clause’s properties, effect and beyond compensation. The second part firstly introduce the evaluation standard of deductible clauses and the unfavorable interpretation principle. And then introduce the history of commercial third party liability insurance, and also introduce some foreign country’s mode. Finally the article give the answer of three deductible clauses’ effect. The third part, the author give some advices about how to perfect commercial third party liability insurance. For example, clear the principles of compensation, rearrange the position of deductible clauses, strict explanation obligation and so on.