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About Driving without a License Insurance Accident Compensation Case Analysis

Author: HaoMeiHua
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Legal
Keywords: Driving without a license to pay compulsory insurance tort liability compensation
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 138
Quote: 3
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Abstract

More and more congested urban, frequent road safety accidents are displayed a fact, China has become a "car" nation. Road traffic accident compensation disputes have an increasing in number and a most civil case court, and have the insurance company for the defendant’s case is more complex, intercessory success rate is very low, this kind of case time become court these tricky case, the legal dispute triggered such disputes to be also many. About driving without a license for the insurance company in whether making compensation, time within the scope of the debate became everybody a hot topic. Just as promulgated by the tort liability law has been undoubtedly give certain controversial question gave a clear definition, but at the same time some issues still rules unclear.The first part of this text together driving without a license from the traffic accident caused by the insurance compensation for cases of deeply analyzes the central issue.The second part is the case controversial academia and judicial practice circle of the different views on controversial reason classified. Think an insurance company shall compensation from four aspects, and party holding its views. One is different from rescue expenses paid shall bear the liability for compensation; two is property losses understanding; Three are making is a special kind of liability insurance; Four is driving without a license for their illegal shall conduct. Think insurance companies do not shall bear the compensation responsibility from the following three aspects, and support its views. One is the actor’s behavior defects can’t become disclaimer reason; two is and no clear law unlicensed driving insurance company can avoid casualties of compensation; three is different from commercial insurance vehicle greatly nature shall pay.The third part is the author of problem solving countermeasures and Suggestions. Solved in this case should be applicable imputation principle and disclaimer, and the insurance company shall bear the loss of exactly how analysis, finally concluded that the insurance company in insurance liability limit shall bear responsibility.Unlicensed driving after has the accident insurance compensation problem, argumentation unlicensed driving situations, motor vehicle traffic accident belongs to the party, whether or not the responsibility by insurance company in vehicle compulsory insurance liability limit compensation, it within the scope in theory and in judicial practice have realistic significance. Motor vehicle driver is driving without a license, insurance company whether it should be in place within the scope of liability limit shall bear the liability for compensation produced two different opinions, but due to the relevant laws and regulations and will be driving without a license no clear traffic accident cause person damage provisions within the disclaimer, and because the state promotes the place of third goal is to safeguard the rights and interests of the victim, so if you are driving people under the condition of driving without a license traffic accident cause person damage, insurance company should still in insurance liability scope shall bear the liability for compensation.

About Driving without a License Insurance Accident Compensation Case Analysis

Abstract

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