Researching Problems On Compulsory Liability Insurance Of Traffic Accident Trial Case

In the trial practice,motor vehicle traffic accidents often occur in cases of torts,which often lead to the collision of several vehicles,which leads to a relatively complicated compensation dispute between the parties.The obvious characteristics of such cases are that the parties involved are often large in number,accompanied by huge property losses and serious personal injuries and injuries.Because of the complexity of the case,it makes the determination of the main body of responsibility and the calculation of the loss compensation very difficult and controversial.Judges need to deal with this type of cases carefully.If they are not handled properly,they may cause bad social effects.Therefore,in-depth analysis and discussion of such cases is particularly necessary,which will be of great benefit to the handling of similar cases.In this paper,a representative of the case of a representative number of vehicle serial collision is a breakthrough.In accordance with the logic sequence of the cases of motor vehicle accidents,the case is analyzed in the trial practice.First,the judge need to decided what is a "traffic accident".In the aspect of main body should be treated differently for motor vehicles and non-motor vehicles;On the condition of time,should begin with losses for logo,ended up with a series of damage to stop as a symbol.On the space condition,for what is a "road".On the condition of reason,the laws and regulations should be caused by accident into the adjustment scope of traffic accident.Second,the judge to determine the liability subject,requires to the discussion of imputation principle.In motor vehicle traffic accident liability shall adopt the principle of fault presumption of fault liability and responsibility,when there are no faults in motor vehicle in itself is still less than ten percent of the responsibility for "performers share"principle.Finally,in determining the compensation liability subject need to be further determine the scope of the responsibility subject of the liability to pay compensation.First,from the way RDB paragraph 1,article 76 identified the first compensate pays insurance company,the principle of no responsibility to pay.Insurance in the insurance company’s "no responsibility to pay" should be as a legal obligation for compensation.Whether involved in traffic accident of motor vehicle at fault,the insurance companies insured must be within the highest limit shall bear the liability for compensation.Secondly,the uninsured pay insurance for motor vehicles,within the scope of insurance liability shall be borne by the insurance agent.In the case of many cars collided,leading to pay by other insurance companies,and then recover from the north field agent.Third,for there are many insurance companies,insurance companies shall be jointly and severally liable within the highest limit of liability.Fourth,personal injury compensation standards for motor vehicle traffic accident calculation,calculation of delays loss,compensation for death,and the judge should fully consider the related factors,based on the fair principle to discriminate different subject.