Research On The Relationship Of Payment Between The Automobile Third-party Liability Insurance And Basic Medical Insurance

The establishment of insurance comes with the purpose of transferring risks and sharing the loss.Generalized insurance covers social insurance,commercial insurance and other areas.After years of the development,China's automobile liability insurance has formed a security system with compulsory liability insurance providing the fundamental guarantee and commercial insurance providing useful supplement.However,this system is not perfect and there are still many problems in actual operation.Today,with the continuously rises of vehicles population,the risk of traffic accident have increased accordingly.The issue of the compensation for medical expenses has been a concerned problem between the injured third party and all parties in insurance relationship after the personal injury of the third party due to the traffic accident.Among them,whether the medical expenses which are not belong to the scope of the basic medical insurance standard can receive compensation from the insurance company has became the focus of controversy,and plagued the majority of owners and drivers in long time,and has been the focus of insurance consumer complaints in recent years.Since whether drugs beyond the medical insurance range can get compensation is directly related to all parties within insurance relationship,particularly the fundamental interests of the victims,this problem will adversely affect on the insurance claims system if it can not be resolved for a long time,and create moral hazard easily,which is not conducive to the development of the whole healthy insurance system.This paper starts from the basic theory of the automobile third-party liability insurance and basic medical insurance,and combines the approaches in practice and judgment situation and discussion about the payment of two insurance system above on medical expenses.The main body of this paper is divided into four parts.The Chapter One introduces some problems encountered in current practice through data statistics and case studies of related cases in practice;the Chapter Two describes the basic theory of the automobile third-party liability insurance and payment of basic medical insurance,introduces the concept,relationship and difference of compulsory liability insurance,automobile third-party liability insurance and the basic medical insurance and carries out an analysis of the status quo of the system;the Chapter Three,from the perspective of practice,carries out analysis and discussion about the compensation relationship of the two systems on medical expenses issues,including display and analysis of different points of view the practice,the processing conditions and dilemmas of related cases involving compulsory liability insurance,commercial liability insurance and co-existence of two types of liability insurance and others;the Chapter Four puts forward some ideas and suggestions on how to improve the insurance claims system of medical expenses and to solve dilemma of the clauses “no compensation without medical insurance”.