An Analysis On The Cases Of " No Liability,No Compensation "

With the linear increase of motor vehicle ownership in China,vehicle insurance once accounted for three quarters of property insurance.In practice,motor vehicles will purchase vehicle loss insurance,traffic accident compulsory insurance and third party liability insurance.Look from imputation principle,traffic is compulsive danger applicable no-fault principle,once the car that buys to hand in strong danger produces an accident,insurance company should follow "without liability compensate to pay" principle,make compensation inside the compensation limits of this danger to plant.From the perspective of function,third-party liability insurance is the compensation paid by the applicant on the premise that the personal or property rights and interests of the third party are infringed upon after the accident.Car loss insurance is to show the underwriter is insured with respect to the car that insurant place is in the loss that suffers in the accident gives compensate for.It can be seen that there are differences in functions between the two.In practice,in the above two types of insurance contracts,the insurer will stipulate in the insurance contract that "if the insured is not responsible for the occurrence of the accident,then the insurance company is not obliged to pay for its losses",which is the core of this article.Vehicle loss insurance effectively makes up for the loss caused by the general traffic accident to the insured,but the insurance company for the protection of their own interests,often will be included in the contract text of the car loss insurance provisions.Whether in judicial practice or in theory,the addition of this clause has caused a lot of controversy.From the concept point of view,this article mainly refers to the insurance company through the insurance contract clearly stipulates that its insured due to the occurrence of the accident suffered by the infringement is not liable for compensation.According to the regulation of "no-liability deductible",if the car owner is not responsible for the accident,the insurer will advocate the application of no-liability deductible clause to exempt the liability for compensation,and the insured will often become the biggest victim.To safeguard oneself rights and interests,insurant often asks insurance company to make compensation through lawsuit.The rapid increase of motor vehicle insurance makes the cases caused by this clause increase year by year in practice.At present,China's laws and regulations do not clearly regulate the effect and attribute of the no-liability deductible clause in the vehicle loss insurance,and there is no relevantjudicial interpretation,so that the phenomenon of different judgments of the same case often appears in practice.By sorting out the nature of vehicle loss insurance,analyzing the liability principle of this insurance,expounding the legal basis of this article,analyzing the rationality and effectiveness of its application in vehicle loss insurance,and providing reference for solving this kind of problem,it has strong practical value.Paper embarks from the three typical cases arising in the course of practice,combing induced by the terms and conditions from the point of two key dispute,controversy as the main line,discusses the legal attribute of the clause,this paper expounds the social functions of car loss danger,through the analysis between the parties of the rules and by laws of hierarchy and priority,this paper discussed the legal effect of the clause in coverage,this paper has the imputation principle of fault liability applicable rationality in car loss danger,illustrate the value of this clause and its applicable restrictive,aimed at promoting the development of judicial practice in depth.