Discussion On The Legal Status Of The Insurance Company In The Road Traffic Accident Damage Compensation

The purpose of legislation of compulsory insurance is to make sure that the victims can get the compensation immediately and maximally.In2012 the Supreme People’s Court promulgated "the explanation on the trial of some issues of applicable law in cases of compensation for damage in road traffic accidents",the judicial interpretation of the legal status of insurance companies in the road traffic accident damage compensation cases pointed out that the People’s Court should list the insurance companies which accept compulsory insurance as co-defendants in cases of compensation for damage in road traffic accidents.However,the judicial practice of all the courts is not unified.Some insurance companies are listed as co-defendants and some insurance companies listed as individual defendants,even listed as thethird party without independent claim or not allowed to participate in the proceedings and so on.The reason is that the theory of the third party direct claim and joint actions are not linked well with the present Insurance Law and Road Traffic Safety Law in our country.Based on the above problems,this paper expounded the following contents:The first part talked about the three kinds of judicial practice mode of the legal status of the insurance companies in the road traffic accident damage compensation and introduced a question.The second part mainly explained the third party direct claim and the legal status of the insurance companies in cases of compensation for damage in road traffic accidents.Analyzed the theory of the third party direct claim and found out the weak points and development space of it.The third part stated the construction of the litigation status of the insurance companies with the theory of joint actions.The fourth part determined the legal status of the insurance companies as co-defendants,and how to properly connect with the third party direct claim and joint action systems.