Research On The Claims Rules Of Compulsory Traffic Insurance And Commercial Liability Insurance For Traffic Accidents

As the current laws and regulations related to road traffic accidents are becoming more and more perfect,they can also solve most disputes over compensation for damages caused by road traffic accidents.However,in view of the variety of damages in road traffic accidents,the legal relationship between multiple parties involved in accidents is even more complicated when it involves multiple insurance companies related to accidents.Under such a background,although the judicial interpretation provides for such issues as how to settle the claims of multiple insurance underwriters in multi-car accidents,the claim settlement problem,under the coexistence of compulsory liability insurance for traffic accidents and commercial liability insurance for traffic accidents,is a neglected problem,which leads to disputes and contradictions in judicial practice.In addition to the introduction and conclusion,this article is divided into four parts to discuss how to arrange claims under the coexistence of compulsory liability insurance for traffic accidents and commercial liability insurance for traffic accidents:The first part is the basic problem of the coexistence of compulsory liability insurance for traffic accidents and commercial liability insurance for traffic accidents.This part defines the concepts of compulsory liability insurance for traffic accidents and commercial liability insurance for traffic accidents in turn,sorts out the coexisting situations and studies the coexisting legal nature.On the one hand,it limits the scope of this article,and on the other hand,it facilitates the following centralized discussion on the arguments of coexisting claims.The second part discusses the sequence of claims when the same insured covers compulsory liability insurance for traffic accidents and commercial liability insurance for traffic accidents at the same time.For this problem,the current judicial interpretation in our country stipulates that compulsory insurance should be paid in advance.The author agrees with the view of judicial interpretation.However,the author believes that the scope of paying compensation in advance of compulsory liability insurance for traffic accidents is worth discussing: firstly,should compulsory liability insurance for traffic accidents pay compensation for mental damages? Secondly,does compulsory liability insurance for traffic accidents adopt the general limit mode or the partial limit mode? The answers to the above questions affect the scope of compensation of compulsory liability insurance for traffic accidents.In this regard,the author believes that compulsory liability insurance for traffic accidents should not cover compensation for mental damages,and the protection mode should adopt a compromise protection mode.The third part discusses the problem of who will pay the compensation first between one party’s compulsory liability insurance for traffic accidents and the other party’s commercial liability insurance for traffic accidents.For this question,according to the author’s search,it lacks systematic research at present.In practice,there is a view that compulsory liability insurance for traffic accidents have the obligation of giving absolute priority to cover compensation according to its nature.The author refutes this view from the angle of the nature of compulsory liability insurance for traffic accidents and the exercise of the victim’s right of claim,and holds that when one party’s compulsory liability insurance for traffic accidents coexists with the other party’s commercial liability insurance for traffic accidents,the claim sequence of compensation should not be absolutely arranged by law,but should be determined by the victim’s choice.The fourth part discusses whether the commercial liability insurance for traffic accidents can recover the compulsory liability insurance for traffic accidents after claims are settled by it first.In the third part,the author thinks that when one party’s compulsory liability insurance for traffic accidents and the other party’s commercial liability insurance for traffic accidents exist at the same time,the victims have the right to choose which insurance to settle their claims,thus causing a question: does commercial liability insurance for traffic accidents have right to recover from compulsory liability insurance for traffic accidents after settling the claims first? In this regard,the author believes that if the insured of compulsory liability insurance for traffic accidents is at fault,the commercial liability insurance for traffic accidents can generally recover the compulsory liability insurance for traffic accidents,unless the compulsory liability insurance for traffic accidents is only liable for advance payment.If the insured of the compulsory liability insurance for traffic accidents has no fault,the commercial liability insurance for traffic accidents cannot recover the share of compensation for no liability provided by the compulsory liability insurance for traffic accidents.