The Analysis Of Some Issues On The Compensation In Motor Vehicle Accidents

With the rapid popularization of motor vehicles in our country,people enjoy theconvenience as well as suffer the pain of more and more traffic accidents and loss.There are a large amount of cases of compensation for damage caused by trafficaccidents, and judicial practice usually makes different judgments on similar casesbased on the legislation lagging behind the changes in Chinese society. This paperselects s typical case about the issue and analyses the two points of the case, and thenoffer three proposal for improve the legislation.In the case the paper chooses, it is difficult to decide who should be the subjectof liability because of the linked business. The paper holds the idea that the partybeing affiliated should undertake joint liability by analyzing the theoretical basis. Inthe meantime, the paper tries to find the cause of the concurrence of injury insuranceclaims and third party tort. When the tortfeasor is employer, the employee has noright to claim damage compensation. When the tortfeasor is a third party, theemployee can accept compensation for work injury insurance and third party tort, butthe compensation should not more than the value being damaged. The lacuna oflegislation exits here considering the shift of the form of traffic accidents. On theother hand, there are many laws and regulations of various validity grades lacking ofunity.Based on the above, it is necessary to establish multi-element liability system inthe legislation, minimize the social cost and make the employee have livingguarantee.