英文摘要 |
Accident victim's medical expenses loss can be obtained from the compulsory automobile liability insurance and the national health insurance policies, because of concurrent Relationship between Compulsory Automobile Liability Insurance Act and National Health Insurance Act. Its medical costs (health insurance burden of part) by National Health Insurance Administration paid to medical hospital by. According to National Health Insurance Act 82nd article, National Health Insurance Administration has Subrogation right, which is an insured party agrees to have National Health Insurance Administration covers the losses incurred by the insurance enterprise. National Health Insurance Administration then inherits the right to recover those losses from the insurance enterprise responsible for the loss for a paid claim. But if the insurance enterprise lost settlement capacity, is have whether to Insurance Guaranty Fund requests the losses? Depending on Insurance Act specified in the first paragraph of article 143, accidence of victims can ask Insurance Guaranty Fund to recover those losses, when the insurance enterprise lost settlement capacity. And in accordance with Subrogation right, National Health Insurance Administration then inherits the right to recover those losses from the Insurance Guaranty Fund responsible for the loss for a paid claim under National Health Insurance Act Article 82nd.It is complied with jurisprudence and Basic Assumptions of Legislation of General Principles of Law of Obligation in Civil Code. |