| 英文摘要 |
In driver hit-and-run malignant accident, facing the traffic accident victims needs of rescue, treatment, comfort and damages, the motor vehicle compulsory insurance system of outside countries and regions have imposed insurance without fault compensation principle, providing the social insurance security to a hit-and-run accident victim, to rescue the victim’s life, and to compensate the loss of personal and property. In view of the situation of frequent occurrence of malicious hit-andrun accidents, the mainland has introduced the motor vehicle compulsory liability insurance system to provide insurance protection for victims of traffic hit-and-run accidents, but the amount of compulsory liability insurance is only 122,000 yuan, which is not enough to cover all the losses of victims in cases of malignant traffic hit-and-run accidents. At the same time, in the traditional position that the driver’s fault exempts the insurer from the liability for compensation, the commercial motor vehicle liability insurance in the mainland adheres to the position of the traffic accident and escape the liability of the insurer. “Driving away after the accident, in the case of not taking measures in accordance with the insured motor vehicle driving or abandon the insured motor vehicle to leave the scene of the accident, the underwriter does not assume insurance responsibility”, this hit-and-run disclaimer, greatly limits the underwriter to hit-and-run cases the victim compensation range, making hit-and-run cases without fault of the victim’s rights and interests can’t be guaranteed. Therefore, by referring to the compulsory vehicle insurance no-fault compensation system in various countries and regions, we can reconstruct the victim rights protection system of compulsory motor vehicle liability insurance and third-party liability insurance of commercial motor vehicles in mainland China, so as to establish socialized compensation protection for victims of traffic accident and escape. |
