Research On Motor Vehicle Insurance Subrogation Claim

As a kind of property insurance,motor vehicle insurance is closely related to the life of the public,and the insurance subrogation right with compensation nature also plays an important role in China’s insurance law.This paper will cut into the insurance subrogation system in China,study the particularity of motor vehicle insurance,and combine the problems existing in judicial practice to explore how to improve the application of the system in vehicle insurance.The article uses the method of comparative research and case analysis to find out how to balance the balance between the insurer,the insured and the third person in the motor vehicle insurance accident.The purpose of the research is to compensate for the subrogation of motor vehicle insurance.Perfect to provide some reference.The innovation of this paper mainly reflects the limitation of the general insurance subrogation right in the research content,and explores from the perspective of motor vehicle insurance.On the basis of the insurance subrogation right in China,it is of practical value to find out the particularity of the exercise of the right in motor vehicle insurance and explore the problems and solutions in the practice.The main content of the research is: through comparison and analysis,the particularity of the car insurance subrogation is reflected in the fact that there are more projects involved in the recovery,the scope of the rights exercise is wide,the traffic insurance is not based on the contract,and more according to the law;The essentials and the rules of exercise are summarized.Taking the three-person insurance and the cross-insurance as examples,the author analyzes the disputes in the judicial practice and discusses the definition of the exercise object of the motor vehicle insurance subrogation.The judgment on the "legal driver of motor vehicles" is different.Specific analysis of the specific problems of the situation;find out the reasons for the conflict of subrogation rights and claims for damages in traffic accidents,and clarify that the order of compensation is the priority of the victim’s claim for compensation;set the exemption liability as one of the motor vehicle insurance contracts.The obligation to inform the truth truthfully;the car insurance should beconsidered taking into account the liability of the third party may be unwilling to pay off or unable to pay off the delay of the compensation time for the insurer,but also take into account the insured and the third person malicious fraud Therefore,the application of ordinary civil lawsuits is not appropriate,and the right of subrogation should be defined according to the specific circumstances of the case.The aging;recourse for the insurer faced a situation can not be recommended to emulate the Japanese legislation,the implementation of national compensation mechanism to spread risk through reinsurance or other forms of personal insights and ideas I put forward from different sides and angles of theory and practice.