The Definition Of The Third Party In Motor Vehicle Liability Insurance

Motor vehicle in people's daily life has become a very important means of transportation,along with our country's rapid growth,the use of motor vehicle caused the number of traffic accidents is rising year by year.And also with the people's legal consciousness level improving,the diversity of legal service organizations and related aspects of the business development,compared with the past,some no attention,difficulty into lawsuit,extremely rare traffic accident litigation form normal.Although this kind of special case attention gradually,but because of the lag of legislation in our country are commonly,led to the chaos in the judicial practice,especially in the field of traffic accidents.At present,China's legislation on the scope of the third party has no unified clear definition,third party in motor vehicle liability insurance legislation orientation is not yet clear at present,coupled with thejudgment's understanding is different for motor vehicle liability insurance system,there will be the same cases have the different in the judicial practice,or the verdicts are same,but according to the laws is different.No matter from the angle of theory or judicial practice,clearly recognized standard of a third party,reasonably define the scope of the law in a third party,in the current situation is of important theoretical and realistic significance.This article from the three perspectives analysis the reasonable range of third party.Firstly,the theoretical analysis was carried out on the motor vehicle third party in liability insurance,the insurance law of the third party specifically refers to,in the traffic accident,personal or property damage as a result of motor vehicle specific people,they are not insurance contract party,but belongs to the motor vehicle liability insurance contract within the scope of the subject;when the contract is signed,third party of Insurance can't be specified and cleared,once victims appeared in traffic accident,that is likely a third party,but can't be applicant,driver,and people in the car;motor vehicle third party liability insurance business is similar to the insurance of the third party,maybe more narrower in scope,the insured and underwriter can negotiate the people could become a third party.Secondly,is the current legislation of our country's motor vehicle liability insurance in the third party evaluation.Through the existing legislation,this paper discussed the definition of a third party is incorrect.The current legislative provisions of the scope of third party is too narrow,regardless of the reality,insured,the person in the car,the insured's family also to be removed in commercial insurance.Such regulations,resulting in a large number of third party in the traffic accidents have no compensation,defeats the purpose of the motor vehicle insurance set up.It is because of the law is not reasonable,lead to the judicial practice in many of the court verdict contrary to law,therefore,third party motor vehicle liability insurance scope needs to be clean in our country.Finally,from the insured,the passengers and the insured's family members discussing those people who can be a third party or not.The author believe that actual driving people be hurt out of the car,can't ask for the compensation of third party liability insurance;In compulsory insurance for traffic accident of motor vehicle,applicant who can't control the car can become a third party;insured's family of the passengers on the car,meet the certain conditions of be damaged in traffic accident and outside the car,can be converted to a third party,in commercial insurance of motor vehicle,a third party,shall be agreed by the applicant and the underwriter whether the person should be brought into the scope of a third party;In the family members of the insured,the personnel in only when the traffic accident happened to a third party that requirements should be identified as a third party,not because of its special identity,considering the possible existence of moral hazard,and negative the compensation for damage of the personnel,the third party liability insurance business clauses cause the insured's out of the scope of the third party,does not conform to the legal theory,provisions shall be deemed to be invalid.But can according to the insured's family and the insured have the first order family members legal inheritance relationships or not to make different judgments,can draw lessons from China life insurance at the same time quota system to reduce the risk of moral hazard as soon as possible.The understandings and applications of relevant law to the third party compulsory insurance is different from.In terms of compulsory insurance,should be combined with the system of social purpose and its mandatory,nonprofit,look at the standard terms of the insurance contract,considering to qualify for insurance commonweal purposes,should from angle of make up for the motor vehicle and the victim loss to understand.For the third party liability business insurance,and based on the voluntary and commercial,mainly from the perspective of contract law and insurance law interpretation and recognition of effectiveness,overall consideration.Therefore,this article will be distinguish commented on the scope of the third party when necessary.