The Litigation Status About Insurance Company In The Action Of Accident Damages

The insurance company has always been in a traffic accident damages in cases oflitigation the legal theory and practice of community debate. Reason for this situation,mainly due to the current law provides for a more principled and too general, and thushave a different understanding. Traffic accident injury compensation cases from theanalysis of insurance companies in the legal relationship to start, and then comb thelegal basis of the type of legal relationship involved, and then through the differentviews and practices in the academic and practice. The insurance company has alwaysbeen in a traffic accident damages in cases of litigation the legal theory and practice ofcommunity debate. Reason for this situation, mainly due to the current law providesfor a more principled and too general, and thus have a different understanding. Trafficaccident injury compensation cases from the analysis of insurance companies in thelegal relationship to start, and then comb the legal basis of the type of legalrelationship involved, and then through the different views and practices in theacademic and practical analysis of the deficiencies of the existing legal provisions toclarify the insurance companies in accident damages litigation should any litigationstatus.In addition to the introduction and conclusion, the total is divided into three partsto elaborate.First of all, the first part is to introduce the theory and local judiciary action for damages in road traffic accidents involving the litigation status of theinsurance company practice of dealing with such disputes. Sector in the theory or inpractice. Generally have shown three views. First, should the insurance company as adefendant. The premise of this view is that the Litigation insurance motor vehiclecompulsory third party liability insurance, In theory to analyze the claim on the basisof the insurance company how to enjoy the status of the statutory co-defendant; Thesecond view is that the insurance company is entitled to only part of the claim, Soshould the injured third party whether to prosecute as a condition to determinewhether the insurance company as a defendant. Court had no jurisdiction to determinewhether the insurance company to participate in the proceedings; There are alsoopinions that bear and so on the basis of relative sexual contract and tort liabilityinsurance company should not participate in the proceedings as a defendant, The onlynon-self-interest in the outcome of the case to the Third Party to participate in theproceedings. For the above point of view, our courts from all over the reality, alllocalities have different orientations. Then, based on the above theory, the article fromthe legal analysis of the insurance company’s litigation position. Some of the majorentities of legal relations between the China Civil Procedure Law "theory and thesubject of proceedings to proceed. However, the legal relationship between the subjectof proceedings is determined by mutual rights and obligations, Therefore, this articlefollowed from the rights and obligations involved in road traffic action for damages.See an alternative perspective is essentially the value of existence, combined withlocal practices and on its inherent theoretical basis and the legal relationship. Thesecond part of claim from the injured third person point of view analysis of thelitigation position of the insurance company, This section refers to the academictheories Traffic Insurance claim six. Also cited traffic compulsory insurance businessof the three risk mandatory liability principle and the scope of compensation,Combination of depth, we found that different types of insurance under theinsurance company’s litigation position should be different analysis. The last part is ofthe view to clarify part, First of all this will be addressed in a variety of theory andpractice different approaches to understand, Explained the pros and cons of each from the positive and negative aspects, Ultimately put forward the view that an action fordamages for insurance companies to participate in traffic accidents should be thesubject of proceedings, not one-sided man-made or not, with different types ofinsurance should look as an object difference.