On The Definition Of "the Third Party" In The Traffic Accident Insurance Claim

At present, third party liability insurance in our country is divided into traffic accident liability compulsory insurance and commercial third party liability insurance. There is problems of definition of "third party" in traffic accidents claim process, because the definition of "third party" problem involves the third party liability insurance whether can compensate for the problem of traffic accident victims, so it is necessary to clearly defined the scope of "the third party". Compared with foreign advanced insurance system, the current "third party" accredited range in our country is too narrow, it is not conducive to protect the interests of the victim, and is unfavorable to the development of the insurance industry, at the sametime, it is not conducive to maintaining social stability.By comparing legislation between our country and other countries, concluded that the"third party"in traffic accidents are the accident victim, in other words, the "third party" refers to the insurance people other than the parties to the contract. The "third party" means:the person who suffering personal or property damage in the insured vehicle accident, and who shall have the right to request to economic compensation to the insured person. In the process of the definition of "third party", it is necessary to review the clauses of traffic accident liability compulsory insurance and commercial third party liability insurance, for the interpretation of two kinds of liability insurance clauses and efficacy judgment should be different. For traffic accident liability compulsory insurance, based on the purpose of setting this kind of system, and non-profit and the mandatory provisions of the law, it can be concluded, for the explanation of insurance company format contract terms, it Should be conducive to the parties and in line with the insurance’s comprehensive public welfare, and it should Make up for the loss of the victim and motor vehicles. For the voluntary insurance of commercial third party liability insurance, it need to combined with the specific case to considerate comprehensively.According to the analysis of current legislation and the current situation of judicature in our country, the author advice that the cognizance of "third party" in traffic accident liability compulsory insurance and commercial third party liability insurance should be cleared in the form of the legal; set policy-holder and their close relatives will vehicle incorporated into the scope of insurance "third party"; set "person in car" into the scope of insurance "third party".