Research On The Scope Of The Third Party Of Motor Vehicle Compulsory Liability Insurance

The insured shall bear the liability for compensation for the damage consequences of the injured third party,which is the subject matter of compulsory liability insurance.Therefore,the insurer shall know which type of victim can be compensated when performing the obligation of compensation,which requires a clear identification of the scope of the injured third party.In law clearly define the problem is of vital importance,but based on our country related contents in the existing literature review and research,to the third person,the range of the motor vehicle traffic accident liability compulsory insurance ordinance was a default of personnel,the insured outside the scope of the victim for this method of security,to can bus staff into a third person has no specific rules,makes the handling of related problems in the judicial practice would be controversial: connection with different sentence;It often happens in similar cases that similar problems are argued out.Can for the local staff into a third person's question,there are two kinds of views,one thinks "default of personnel" or "third person" the cognizance of this identity is not can't happen again,after confirmation affected by time and space conditions,traffic accidents occurs within the insurance car is the car personnel,when an accident,not the vehicle internal personnel do not belong to the car,which belongs to the third person.The other is that it is located in the car before the accident,but due to some uncontrollable factors in the process of the accident,the people who were originally in the car were out of the car when they were injured by the accident.This situation does not allow for a temporary change of identity,and the victims are still in the car.For default can be divided into the driver and take personnel to discuss: for motor vehicle drivers can be divided into two aspects are discussed,one is with the driver's identity in bicycle accident,if the accident when it is no longer the driving condition,and no inside the vehicle,the driver for the accident under the premise of without fault can be regarded as the third person;The 2 it are in much car accident,want to be the personnel outside the car that can be identified as other party only only,those who get hurt in traffic accident,it is ok to belong to "regulation of liability of traffic accident of motor vehicle road compulsion is sure" the 3rd person category in.If the damage to the motor vehicle passengers is caused by the vehicle,and the victim is out of the vehicle at the time of injury and the passenger transport contract has been fulfilled,it shall be identified as within the scope of the third party.The personnel identity that the agreement in insurance contract is not permanent,change and change as the change of specific spatiotemporal.For the insured's family members may be included in the third person in one view mainly considering the family members in the tort law does not exist between tort liability to pay compensation,the insured's damage to family members don't have to take responsibility,so the underwriter also no need to because the insured member of the family of insurant damage responsibility.Another view supports that the family members of the insured should be included in the scope of the third party.The family members of the insured do not have the ability to drive or control the vehicle and are not at fault for the occurrence of the accident.They should not be specialized and should be identified as belonging to the category of the third party like other victims.