Analysis Of Motor Vehicle Compulsory Liability Insurance Cases

In recent years,China’s automobile industry has developed rapidly,and the residents’ share of automobiles has been increasing,but the legal system of automobiles lags behind the actual economic development.Especially on the issue of liability investigation after the occurrence of traffic accidents,after the establishment of compulsory liability insurance system for motor vehicles in China,many disputes exist due to the lag of legislation and other reasons.In order to establish a motor vehicle traffic safety guarantee mechanism to promote the healthy and orderly development of the traffic business.This paper analyzes the problems in compulsory liability insurance after the motor vehicle traffic accident,among which the main controversial points are: the limit and scope of indemnity of compulsory liability insurance,whether the insurer should not only advance the rescue cost,but also compensate for the personal injury;Third party identification of compulsory liability insurance for motor vehicles;Identification of causality in traffic accidents;How to exercise the right of recourse of the insurer to the insured in compulsory liability insurance.By sorting out the existing relevant legislation in China and the cases of local courts,combining the theories and views of scholars on the above issues,combining the analysis of theories and practical applications,using case analysis and comparative research method,the above controversial focus is analyzed.The first,the limit of indemnity of compulsory liability insurance and the problem of scope,the insurance company in traffic accident signs in with policy-holder compulsory liability insurance underwrite limits to give compensation inside.The user and owner of the motor vehicle shall also bear the liability for compensation corresponding to their faults.In order to better protect the rights and interests of the victim,the insurer should compensate for the personal injury and property loss within the limit of the compulsory insurance.Second,if the driver drives a motor vehicle and causes damage to the applicant who is not the motor vehicle,the passenger should be identified as the third party of the compulsory liability insurance coverage of the motor vehicle.If the victim requests the insurer to make compensation within the scope of coverage,the insurance company shall make compensation within the scope of coverage.Third,the causal relationship betweentraffic accidents to determine,to analyze the causes of traffic accidents,to distinguish between the primary responsibility and secondary responsibility,the correlation between them to find out whether there is a causal relationship between the two,so as to determine the responsibility of the perpetrators.Fourth,the insurer exercise the right of recourse for the legal causes of the insured illegal behavior,in addition to the legal provisions of the case,but also should be added to the insured engaged in illegal behavior or escape legal arrest,the insurer should be in the compulsory insurance liability contract within the scope of the exercise of the right of recourse.Therefore,in order to better protect the legitimate interests of the victim,so that the interests of the insurer,the insured and the victim can be balanced on the corresponding basis,it is necessary to standardize the regulations on compulsory liability insurance of motor vehicles in China.