The Right To Directly Request Of Motor Vehicle Liability Insurance In The Third Person

In recent years, with the dramatic increase in motor vehicles, followed by numerous traffic accidents also brought home the pain and heavy financial burden. Motor vehicle traffic accident to address the serious problem of society, countries have introduced mandatory third party liability motor vehicle insurance law, the protection of the interests of a third party, currently the world have more than 85% of the country and region compulsory motor vehicle insurance.Given to a third party the right to direct the request is to ensure that victims receive timely compensation for the purpose of this legislation directly reflected, but also third party liability motor vehicle compulsory insurance law, meaning there should be. March 21, 2006, the State Council promulgated the "mandatory duty motor vehicle accident insurance regulations", the Ordinance as the "Road Traffic Safety Law," the essential supporting systems, and traditional compared to commercial third party liability insurance, established a non - few new principles. Unfortunately, the Ordinance does not clearly defined third party victims of a direct request to the insurance companies the right to compensation for the victim and the judicial protection of the rights of potential problems in practice.To safeguard the interests of victims of a third party, this article in general civil law, contract law and the basic theory of insurance law as a guide, refer to the relevant domestic and international third party liability insurance for the right to direct the request of theoretical research and legislative practice, from our national conditions, the motor vehicle third party liability insurance the right to direct the request to conduct a study of the basic questions. This article holds that our country should be clear that the third person should have the right to direct the request, made at the same time improve the strong risk in our country to pay the victim the right to direct the request of the legislative proposals: Third party the right to direct the request should be up in the main are in accordance with the provisions of tort law violations in road traffic accidents have a right to damages people; On the content, including the right to request payment, they have been paid the right to request the right to claim protection; At the direct request of the exercise of the right have to have the following three conditions: Victims of the third person in accordance with the law on compensation for people to enjoy the right to virulence and the virulence has not fulfill its obligation of reparation, Virulence person insured motor vehicle compulsory third party liability insurance, and the validity of the insurance contract As well as I shall demonstrate that due to the victims of traffic accidents cause vehicle damage, that is, a direct request to exercise the right of the victim must bear the burden of proof; The right to direct the request should have 2-year statute of limitations; Claim the right to direct the request should have the appropriate liability limits; In addition, the perpetrators have to have the assistance of the obligation.