Research On Insurance Concurrence In Road Traffic Accidents

In the case of damage compensation disputes caused by road traffic accidents,multiple legal relationships such as infringement and insurance are involved,which can easily cause several insurance contracts to assume responsibility for the same loss.The constitutional elements of the double insurance system stipulated in China's insurance law are more stringent,and it is difficult to cover most types of insurance coexistence in practice.According to the principle of loss compensation in the insurance law,the distribution of responsibilities between insurers becomes a difficult problem.If the insurer's responsibilities cannot be reasonably distributed,the insured may improperly obtain profits and receive compensation that exceeds its actual loss,which breeds moral hazard;or the insurers evade reciprocity and the rights holder's interests cannot be maintained in a timely and effective manner.This is obviously inconsistent with the function of insurance to cover losses and avoid risks.Therefore,studying this issue has an important role in protecting the interests of the insured,coordinating the relationship between insurers,filling in loopholes in duplicate insurance,and solving problems in judicial practice.Except for introduction and conclusion,the article mainly discusses from four parts.The first part starts with the definition of insurance co-opetition,defines the connotation of insurance co-opetition,compares the similarities and differences between it and repeat insurance,and points out the aspects of insurance co-opetition and repeat insurance in policyholders,insurance benefits,scope of application,and legal consequences.This paper analyzes the types of insurance co-opetitions in road traffic accidents,and points out that the main reasons for current claims are the limited effect of insurance co-opetition clauses,the lack of rules for insurance match-play claims,and the lack of relevant laws and regulations sound.The second part introduces the theoretical basis of insurance cooperation.On the one hand,from the two major parts of commercial insurance and social insurance,the specific analysis of the nature and function of different types of insurance;on the other hand,based on the principle of loss compensation,elaborated the essence of the theory,operating mechanism,scope of application and reality The significance points out that ensuring that the insured is fully compensated is a prerequisite,and preventing the insured from obtaining additional benefits from compensation is a subsidiary goal.The two must not be biased in favor of each other and lay a legal basis for the solution of insurance co-opetition.The third part summarizes the two ways of domestic and foreign theoretical and practical circles to solve insurance co-opetition,namely the settlement mechanism established according to the terms of insurance competition and the settlement mechanism established according to the type of insurance,focusing on the proportional distribution of the United States law.Terms,premium insurance clauses,irresponsible clauses,three types of insurance co-opetition clauses and conflict coordination,discuss how to determine the order and share of each insurer's insurance liability on the basis of insurance type,and have positive effect on the resolution of such issues in China.On the basis of the first three parts,the fourth part establishes the principles of fairness and efficiency as the fundamental principles for the treatment of insurance accidents in road traffic accidents.And order;based on liability insurance,supplemented by property and personal insurance,on this basis,it proposes a model that combines insurance types and insurance competing terms,and proposes two suggestions for perfecting insurance compensation.The type of insurance is divided into loss compensation type and fixed amount payment type,and the cost compensation personal insurance can also be applied to the subrogation right.