On The Definition Of "Third-party" In Automobile Compulsory Insurance

In modern society,in order to disperse the risks and damage caused by automobile traffic accidents and protect the automobile traffic accidents,the system of automobile compulsory insurance in China was born.With the increase of traffic accidents and the development of the system of cross-strong insurance,the main functions of crosslinking insurance have changed from the risk of dispersing insured to the filling of the loss of traffic accident victims,and their social public welfare is becoming more and more prominent.Under the regulations of PRC law,the personnel on the vehicle is not belong to the scope of the automobile compulsory insurance,but that regulations didn't make any time limit to the "on the car" status,resulting the theoretical controversy.In the traffic accident,if the person was thrown out of the car,whether he is still in these provisions of the "personnel on the car" disputes and different interpretations the car personnel can be transformed into a "third-party" into a hot issue of theoretical controversy.If the passenger of the vehicle suffers from the damage to the person or property caused by the insured vehicle outside the vehicle or from the vehicle body in the moment of the traffic accident,that is,it is included in the scope of the third-party,that is,the scope of the payment of strong risk.Even if the insurance has the nature of social public welfare,but also undertakes the vulnerable parties in the rescue traffic accident,and maintains the social public welfare function of social stability,but the bottom line of amending and interpreting the laws and regulations can't undermine its complete legislative logic and legal basis.The extension of the "third-party" to the passenger of the vehicle and to the insured person who is not the driver of the vehicle and who has suffered damage to the vehicle outside the vehicle is already within the maximum extent permitted on the basis of liability for damages.Unlike the passenger of the car,the driver can't be converted into a "third-party" according to the change of time and space position.Because of the existence of the fault tort of the driver,as the victim of his own tort,he should bear the consequences of the damage of his own tort.In this relationship,there is no tort damage compensation relationship exists,and of course there is no liability insurance relationship exists,so it can't be converted into a third-party even if the accident occurred outside the car.The policyholder outside the car can't be transformed into a "third-party".When the policyholder is the driver of the vehicle at the same time,the identity of the insured person and its own harm behavior determines make the result that it can't be the "third-party".when the insured policyholder is the passenger of the car,although he has no existence of harm,but because of the insured person's identity,he can't be converted into a "third-party" of the vehicle.When the policyholder is outside the vehicle and is not a driver or passenger of the vehicle,it can't be converted into a "third-party" because of the identity of the insured person.Automobile compulsory insurance is a kind of liability insurance,which determines that the establishment of the insurance is based on the existence of the insured to the third-party to bear the liability for damage under the law,can't be extended to the scope of the "third-party" to the full victim of damage to the insured vehicle.At the same time,it should not based on the premise that the Road Traffic Safety Act 76 th provides that the driver of the vehicle will not be liable for liability under the no-fault mode of compensation for damages only 10%.In the case of multiple vehicles involved in the accident at the same time,the p passengers on the car can be transformed to the “third-party” when he is not in the insured car during the traffic accident,which bring the dilemma that the injured passengers may be protected by more than one automobile's compulsory insurance.There are two solutions can be used to solve this dilemma,one is that the automobile compulsory insurance of this vehicle shall assume supplementary liability to the passengers after transformation,the other is that the motor vehicles of each party responsible for the accident shall be liable for compensation to the transformed passengers in proportion to their perspective liabilities.