Claim Of Third Party In Motor Vehicle Compulsory Liability Insurance

Motor vehicle compulsory liability insurance(hereinafter referred to as "compulsory traffic insurance")plays an important role in victim relief besides tort liability.However,there are some omissions in China’s laws,which make it unclear to define the interactive relationship between traffic accident tort liability and compulsory traffic insurance,and the direct claim of the injured third party is unclear.In order to protect the rights of the injured third party,this paper takes another approach.Through the summary of the cases,the right of direct claim by the injured third party mainly consists of four important categories: unclear interaction between tort liability and insurance liability,unclear scope of the victim,unreasonable compensation mechanism and contradiction between the application of the insurer’s right of defense.This paper holds that it is more reasonable to adopt the theory of "special provisions of law" in the interaction,tort liability and insurance liability are independent of each other,and that "liability without fault" is the applicable principle of tort liability in compulsory traffic insurance,supplemented by "fault offset principle".Secondly,the law of our country denies the possibility that the insured and the legitimate driver allowed by the insured,may be the third party to be the victim.This paper holds that the scope of the third party should be expanded.Whether the insured,the driver and the vehicle personnel can become the third party.Third,although the victim may claim compensation for property loss and personal injury or death,the current limit of liability is not compatible with economic development.This paper argues that the scope of compensation should be narrowed,and only personal injury should be compensated,and the limit of liability should be increased,and the sub-limit should be refined.Fourth,it is necessary to give the insurer the right of defense,but insurance should be rationalized.On the basis of the application of the right of defense,we should limit it and prevent the abuse of rights.