Research On The Accidental Injury Of Accident Insurance

Accident injury insurance is a type of personal liability insurance mark with the human body. The insurer is liable to pay insurance premiums when the insured person suffers from insured events. Accidental injury is the core concept in accident injury insurance, the identification of accidental injury determines whether the insurer assume insurance responsibility and the insured can get insurance benefit. If the identification of accidental injury is not clear, there will be a dispute. In fact, for the connotation of accidental injury, there are big difference among the insurance company’s point of view, people’s understanding and court’s decisions.This paper, researched on the accidental injury of accident Insurance, analyzed elements of the accidental injury, combined with the new theory of the world and scholar’s view, tries to make the analysis and summarization of accident injury systematically.Besides introduction and conclusion, there are four chapters, and the main content is as follows:First chapter is the introduction of accident insurance and the identified problems of accidental injury. Accident injury insurance is particular in the decisive factor and period of the insurance liability which are caused by the character of accidental injury. In the insurance practice or in the judicial trial, there exists the contradiction on the definition of accident harm. There are three theories about accidental injury, named one point method、two points method and three points method. I agree on two points method that divide accidental injury into two elements: accident and injury. And we should notice the inner contact between accidents and injuries.Second chapter is about analysis of the components of the accidental injury under two points method. This chapter includes two sections,. The first section is about accident, around the world in the development of the definition of accident theory has experienced from” accidental reason”, “accidental results” and” a accident is a accident”. On the basis of understanding of these three doctrines, I selected judicial cases to analyze exotic, sudden, not intended that are popular in our academic. The second section is about damage, According to common theory, the components of the damage includes subject 、object and results.Third chapter is about causal relation between accident and damage, that is, proximate cause. China has not stated principle of proximate cause in the laws and regulations, but in the insurance practice and in theory already been recognized by the principle of proximate cause. Traditional principle of proximate determine the causal relationship "all or nothing" obviously inadequate. Extraterritorial has improved principle of proximate cause in succession, learning from the England, Norway, Japan, The author proposes new ideas to improve principle of proximate cause in our country, to admit induced reasons and Introduce "forces of reason".Forth chapter is about definition of accidental injury under special circumstances, include sudden death、declared dead、accident and medical accident. As for the declared dead and medical accident, shall be incorporated in the accident insurance coverage. For sudden death, due to the cause of death is unknown in practice, cannot be completely ruled out the insurance liability. For medical accident, should distinguish the positive medical accident and negative medical accident. Positive medical accident is due to the fault of the doctor, if exceed foreseeable possibility, then the insurer shall assume insurance responsibility.