| The compulsory third party liability insurance for motor vehicles(hereinafter referred to as strong insurance)and the third party commercial insurance for motor vehicles(hereinafter referred to as the commercial three parties insurance)play an important role in compensating the victims of traffic accidents.Most car owners purchase commercial third-party insurance at the same time after purchasing compulsory motor vehicle accident liability insurance,and pay strong insurance to provide the most basic protection.Commercial three-party insurance is a useful supplement.Both insurances co-exist effectively and transfer risks to protect third parties.Interests.In traffic accident insurance claims,conflicts often involve both insurances.Although the current relevant laws and regulations can solve most of the traffic accident insurance claims,they are still not unified by some laws.Courts and parties in different places often have different understandings of the two insurances,resulting in different trial standards in different places.Phenomenon,different judgments in the same case.In the judicial practice in recent years,the dispute points of the three strong insurance and commercial insurance are mainly concentrated in the following aspects:First,the coexisting compensation order and insufficient compensation of the three strong insurance and commercial insurance.The order of co-existing compensation has been stipulated by the law.First,pay the strong insurance and then pay the commercial three according to the proportion of liability.The main reasons for the two insurances’ insufficient compensation are the validity determination of the sub-limit clauses and the non-medical drug provisions;most In dealing with this issue,the court applied the "Compulsory Motor Vehicle Traffic Accident Liability Insurance Clause"(hereinafter referred to as "compulsory insurance clauses")and the "Motor Vehicle Traffic Accident Liability Compulsory Insurance Regulations"(hereinafter referred to as "compulsory motor insurance regulations"),and considered the sub-item limit clauses Valid;views on non-medical drug use clauses are of course invalid,fulfillment prompts,and exemptions after explaining obligations.Secondly,on the issue of exemption clauses,it is necessary to distinguish the different determination standards and application between legal norms in the case of strong insurance.In the case of commercial three-party insurance,the court generally first confirms the natureof the clauses before determining whether the insurance company needs to perform its clear obligations and liability.have a discussion.In the end,the third person who paid the insurance of strong and commercial insurance determined that the key was whether the victim was in or out of the car at the time of the accident.Compared with other infringement cases,the legal relationship of traffic accident damage compensation cases is more complicated,and specific legal issues in practice are constantly emerging.Such focus issues need to be unified and clear.On the basis of distinguishing the functions of compulsory insurance and commercial insurance,an inductive analysis is performed on some difficult issues in order to fully protect the legitimate rights and interests of all parties. |
