The Obligation of Insurance Payment in Single Vehicle Accident: Focusing on the Case That a Driver Killed by His Own Vehicle Parked

Nankai University (Philosophy and Social Sciences) 2:134-140 (2009)
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Abstract

Motor cycle accident means there's no perpetrators motor vehicle accidents. In China, due to motor vehicles are used for human compensation insurance liability-insurance, the insurer pay the insurance money is the premise of the insured person is liable for damages, so the bicycle accident victim can not get insurance. The driver parked the vehicle slipped by their own pressure for a typical bicycle death an accident, although the terms of the agreement are the victims of "third party", but to determine whether an insurer liability insurance policy must be specifically related to the formulation of the purpose of their mutual relationship between the internal logic, can not ignore any one of the requirements of the proper role of legal norms in legislation on the system design should be given to the protection of victims of bicycle accidents. Single vehicle accident refers to automobile accident without infringer. The precondition of automobile insurance payment, which takes the form of liability insurance, is that the insurant should assume compensation liability in our country at present. Therefore, the victim in a single vehicle accident can not get insuring protection. The case that a driver killed under his own parked vehicle while it rolled back is very typical. Though the victim is one of the "third parties" designated by related clauses, whether the insurer assumes the liability depends on the confirmation of designing intent and internal logical relationship of such clauses. The legal normative function of any clause by its description can't be ignored. In the institution design through legislative doctrines, the victim of single vehicle accident deserves proportional protection

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