On The Distinction Between The Personnel On Board And The Third Party In Motor Vehicle Liability Insurance

When a motor vehicle is involved in a traffic accident,there are often cases where people inside the vehicle are injured outside the vehicle,the victim's identity definition is more chaotic in this situation.Defined as the personnel on board or third party,there is a huge gap in the insurance compensation that the victim can get.It is precisely because of the huge difference in the amount of compensation for the victim in different motor vehicle liability insurance,resulting in the practice of the definition of the victim's identity there is a lot of controversy.On the distinction between the personnel on board and the third parties,due to the lack of explicit provisions of laws and regulations and related judicial interpretations,the insurance provisions also do not clearly the relevant concepts,resulting in different standards of adjudication in judicial practice,and the definition of the identity of the victim will inevitably have different results,and even the phenomenon of different judgments in the same case,which is obviously not conducive to the protection of the rights and interests of the victims,but also will cause damage to the judicial authority of our country.A reasonable distinction between the car personnel and the third party in motor vehicle liability insurance is related to the vital interests of the victims in traffic accidents.So,it is necessary to discuss the relevant issues,hoping to provide some ideas for reducing the disputes in such traffic accident cases.Based on the protection of the rights and interests of the victims of traffic accidents,this paper mainly discusses the distinction between the personnel on board and the third party from the following three parts: The first part analyzes the definition of the personnel on board and the third party in motor vehicle liability insurance.Starting from the current system and judicial practice in China,it summarizes the definition of the insurance terms,current law and insurance practice,judicial practice,and find out the differences between them and the consequences.The second part is to analyze the dilemma of the distinction between the personnel on board and the third party in China's motor vehicle liability insurance,find out the dispute focus of the positive and negative theories,make clear the difficult points of the time of the accident and the cause of the accident,and analyze the reasons from the three aspects of insurance clause interpretation,insurance contract interest measurement and insurance practice transformation standard.The third part is to put forward the suggestions to distinguish the personnel on board and the third party in motor vehicle liability insurance: First,improve the relevant motor vehicle liability insurance system from two aspects: reducing the insurance compensation gap and designing a three-party liability insurance system which is in line with the current situation of our country;Second,according to the identity of the victim,combining with the time and space conditions,to determine the criteria for distinguishing the personnel on board and the third party;Finally,the principle of proximate cause is introduced to distinguish the personnel on board and the third party from single cause and multiple causes.