Analysis On The Responsibility Of Traffic Accident Caused By Traffic Accident

Currently, our country has passed the law on the road motor vehicles, which must be insured to pay high insurance and the government has promulgated a series of laws and regulations and judicial interpretation for cross strong insurance to carry out the provisions.But how to define the traffic accident escape after the insured to pay high insurance compulsory insurance liability situation,which has been controversial in legal theory and judicial practice.The reason for this is that in such circumstances the provisions of China’s existing laws and regulations are not clear, and even have the existence of conflict, leading to apply uniform legal.The law applicable to the unity of the compulsory insurance can not be timely assistance to the victims, but also weaken the social security function.In this paper, by referring to practical cases in judicial practice as representative in cross strong insurance claims process, it aims to clearly distinguish on our strong insurance liability and responsibility to advance, the auxiliary cross strong insurance play a social role road rescue fund, and for the definition of compulsory motor vehicle liability insurance to pay strong in after fleeing the scene of traffic accident insurance differences views are analyzed.The author finally comes to the conclusion that although the compulsory insurance is to protect the legitimate rights and interests of victims in traffic accidents, but the function of social security should not be unlimited expansion,otherwise,it will violate the fair principle.In such circumstances, if we can promptly identify underwriting the insurance people, then by the insurer in accordance with the provisions of the compulsory insurance in the insurance liability limits for rescuing victims of medical expenses; if not timely determine the insurer or rescue victims of medical expenses exceed the insured in accordance with the contract, should bear the liability limit, so the social road rescue fund should be paid in advance to the part of costs, and then by the relevant authority to recover.The traffic accident is inevitable in today’s rapid economic development, the escape after the traffic accident to escape punishment and the situation is common, in this case, only by the improvement of the existing laws and regulations, solving the problem of the traffic accident compulsory insurance liability in the law, uniforming application of law, building a strong insurance and road rescue fund parallel relief system, can we really ensure public safety and order, and further protect the legitimate rights and interests of victims.