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Analysis On The Liability Of Compensation For Multi Vehicle Collision

Posted on:2018-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q H YinFull Text:PDF
GTID:2346330542469204Subject:Law
Abstract/Summary:PDF Full Text Request
In all kinds of civil cases accepted by the court,Motor vehicle traffic accident liability dispute,as a special case of infringement,has become one of the important civil cases involving people's livelihood.Due to traffic accidents involving infringement and insurance and other legal relations,especially in December 2012,"the Supreme People's Court on Several Issues concerning the application of law of compensation for damage in road traffic accident case explanation" after the implementation of the insurance company,and further requests the three insurance underwriting commercial as a defendant together after the trial,undoubtedly increased the court in this kind of dispute hearing difficulty.In the case of motor vehicle traffic accident liability disputes,the problem of multi vehicle collision is related to the identification of joint tort,the responsibility of causal relationship,the determination of"third party",and the applicable rules of the distribution of multiple risks.How to make an accurate judgment in such cases involves the interests of the parties,such as the infringer,the infringer,the insurer and the insured,and there is a great deal of controversy in the judicial practice.The trial together with the typical cases of the basic theory of joint tort based on the distinction between non meaning contact three basic types of several tort,analysis of multi vehicle collision under the condition of different ways of responsibility;Identification of"third",focus on the risk of motor vehicle control analysis,that the insurant and allow the driver of the vehicle is "third",the key lies in whether the accident of driving the vehicle has the capability of actual control;A multi car collision and multiple injuries caused by the problem in practice is more complex,involving several insurance companies to pay,and involved between a number of infringement in the insurance to pay strong limit to distribution,according to the law and the judicial interpretation of the provisions,combined with relevant cases are the detailed description of.Finally,it is hoped that through the analysis of the relevant cases of the case of the traffic accident,it will bring some beneficial thinking to the handling of the case of the damage caused by the motor vehicle.
Keywords/Search Tags:Traffic accident, multi vehicle collision, Joint tort, The third people, Motor vehicle traffic accident compulsory liability insurance
PDF Full Text Request
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