The Defense Of Insurers In Disputes Over Liability For Traffic Accidents Caused By Motor Vehicles

Disputes over liability for traffics accident caused by motor vehicles is the cause of action added in2011,and has become the largest number of suits for insurance company.The purpose of this paper is to understand the status quo of the insurer’s defense of disputes over liability for traffics accident caused by motor vehicles in China and analyze the reasons,and then give some suggestions for improvement of the insurer’s defense.The content of this paper includes four parts:Part one: make a brief introduction briefly introduce the relationship between disputes over liability for traffics accident caused by motor vehicles and liability insurance,insurer’s status of litigation and the features of the insurer’s defense.The value of liability insurance shall include the protection of the interests and rights of the insured,defense of insurers is a right and obligation.Part two: understand the current situation of the insurer’s defense in disputes over liability for traffics accident caused by motor vehicle.this paper choose judgments made by the Beijing court in2015 as samples.Through the analysis of the samples,we find that there are some problems in the defense of insurers.First,the insurers have lots of litigation and it is urgent for them to form specialized defense mode;second,according to the overall defense strategy and concrete defense claim,the phenomenon of negative defense is serious;third,according to the effect of defense,no support rate of insurer’s defense is extremely high.Part three: analyze reasons.It is found that the main reason is: first,because of the value orientation of " the protection of victim’s interests" the insurer is in the dilemma of defense;second,because of the influence of jurisdiction of court,traffic accident responsibility identification and appraisal opinions of disability,caused limitation of defense;third,specific defense claims have no sufficient basis;fourth,the lack of specialized defense strategy.Part four: put forward suggestions:first.according to the "single value orientation of the protection of the interest of the victims",advocate "to protect the insured’s rights" and "protect the interests of the victim";second,emphasis on protecting the procedural rights of the insurer;third,through the examples of how to present convincing evidence;fourth,use the theory of enterprise strategy and risk management,negotiation to introduce four tips to form specialized defense strategy,include set defense target,establishment and adjustment of the respondent defense scheme,selection and control of mediation,evaluation of defense strategy.