The Problems Of Third Party Liability Insurance In China From The Angle Of Luxury Car Knocked

With the rapid development of economy,the car become common means of transportation.Luxury cars are more and more popular by the wealthy.With the frequency increasing of luxury cars on the road,the probability of an ordinary car and luxury car collision increases.However,it costs a lot of money to fix luxury cars.Most accessories require imports alone and the price is affected by exchange rate, luxury cars only available to determine the price when ordering from abroad.When luxury cars were knocked,if the collision is not serious,there need tens of thousands to compensate,if the luxury car was knocked heavily,there needs hundreds of thousands or even more compensation.When an ordinary car knock a luxury car, and the ordinary car owners bear the primary responsibility,he will be faced with lots of compensation.Due to Chinese criminal law,property losses caused by the perpetrators of traffic accidents,the amount of compensation can’t afford more than three hundred thousand yuan will face imprisonment or criminal detention.It’s just slight negligence but lead to prison,it’s unfair.From this angle,we hope to improve the system of liability insurance and pass out the kind of risk faced by ordinary car owners.This paper is divided into six parts.The first part introduces the background,the purpose and the significance of this paper.The second part describes the basic theory of liability insurance system, including the basic theory of liability insurance and third party liability insurance.The third part describes the present situation of luxury car market in China and the cases analysis of luxury car accident,including the ordinary car owners bear the enormous pressure compensation,luxury car owners burden public controversy,lead to unequal rights of road,twiste national values and ignore the substance of justice.The fourth part analyzes the problems of liability insurance system from the angle of the luxury car knocked including it’s easy to lead moral hazard when luxury cars claim,our law about vehicle third party liability is not perfect,insured liability of insurance liability insurance isn’t refining,the owners have a weak awareness to buy high grade of insurance liability insurance.The fifth section analyzes the traffic accident of luxury cars inforeign,including America take “no-fault” system and “uninsured and underinsured motorists insurance”,Canada take enforcement system,Japan take “insurance apart from ordinary vehicles” and the liability insurance system in Germany.The sixth part is proposals to complete our liability insurance system including set up additional insurance in third party liability insurance,set an upper limit on vehicle third party liability,reference "uninsured and underinsured motorists insurance" from the United States,strengthen risk awareness of the owners,choose commercial insurance reasonably,insurance companies strengthen propaganda,this paper hope to make some practical advice.