Vehicle Insurance Compensation With The Concurrence Of Inductrial Injury Insurance

Along with the development of China's economy,the road transportation industry is also growing continuously in our country.Accidents caused by vehicle problems are also increasing year by year.This article aims at discussing one of the most special types of vehicle accidents,that is,the competing rights of insurance claim arising from the dual nature of the subject's identity(the victim of the vehicle accident is both the vehicle insurance third party's right subject and the right subject of industrial injury insurance treatment claim).Chapter one is divided into two parts-section 1 is vehicle insurance,section 2 is industrial injury insurance.In section 1,the identity of the injured driver is first analyzed.An accident occurred in his own vehicle or other vehicle after the driver takes the initiative to leave the vehicle.Then he is disabled or dead.If this situation meets a third party to the vehicle insurance,the driver may claim compulsory insurance compensation for traffic accident liability and commercial third party liability insurance compensation.If the driver was passively thrown out of the car from the driving vehicle,he was still a person in the car,not a third party to the accident.After that,the author first analyzes the relationship between the traffic insurance and the commercial insurance in the vehicle insurance,and br:iefly discusses the difference and connection between the two.Secondly,the subject of claim right of liability insurance is stated.Finally,I make a statement from the two types of insurance claim order.In section 2,the whole part of the injury is summarized from the aspects of injury injury,to injury identification,to injury insurance,to the purpose of setting up a system.Chapter Two is divided into two parts.Firstly,I summarize the competing problems,and then I discusse the existence of the two competing situations with or without infringement.When there is a third party infringement,the international society has different treatment mode,and the corresponding laws and regulations of our country are also not uniform.Through the analysis and comparison of policies and regulations in different provinces and cities across our country,I find that there are different treatment ideas in different areas,such as part-time mode,partial part-time mode or compensatory mode,among which partial part-time mode and compensatory mode are the main applicable methods.When there is no infringement by a third party,our laws don't explicitly specify this issue.Chapter Three is divided into two parts.In section 1.1 find out the same and different points in the analysis of three different aspects:the scope of injury insurance,the scope of personal compensation,and the scope of vehicle insurance.For these similarities and differences,I divide the accident into different stages after the occurrence of different stages—"emergency treatment phase","gentle treatment phase" and "adverse consequences phase" according to the priorities of the accident,,and make my own suggestions and ideas in the second part.The primary purpose of the emergency phase is to save lives.At the stage,whatever form of relief,as long as the victim's right to prompt treatment can be guaranteed,it should not be prohibited.During the gentle treatment stage,due to the victim's condition relatively stable and the entire treatment period relatively long,the treatment method should be clear at this stage.The expenses are first paid by the liability limit of the compulsory insurance,and then paid by the commercial insurance if there are three risks,and then paid by the industrial injury insurance.When there is a third party infringement,the infringer will finally bear the remaining liability.In the adverse consequences phase,the injured party sufferes the devastating consequences of the accident,so there would be no question of additional benefits from applying the concurrent model.Through the analysis and comparison,I make my point.I hope that,the solution can strive to achieve balance of interests of society while attaching importance to the protection of the rights and interests of the victims,and it will not lose its equity and justice by simply applying a certain mode of dealing.