Legal analysis
Highlight the concept of value and right standard, and comprehensively protect the rights to life, health, body and property. In modern society, civil law is personal law and human rights law. Affirming people's value and protecting people's status means protecting human rights. Life, health and body are the material carriers on which a natural person's personality depends, which is of great significance to the survival and development of human beings. Therefore, the right to life, health and body in personality rights are the most basic rights of human beings. The violation of human life, health and physical rights is the most serious violation of human beings. Highlighting people's value and status is to better protect these rights and remedy the damage of these rights, thus protecting people's value and safeguarding people's dignity and status. In the case of road traffic accident damages, the insurance company should participate in the litigation as a third party without independent claim. The reason is that the litigation object of road traffic accident damage compensation is the legal relationship of tort damage compensation, which is different from the legal relationship of insurance contract. Persons who should bear civil liability for damage caused by other reasons. Specifically, it can be divided into four categories: the compensation obligor who takes responsibility for his own infringement; The obligor for compensation who bears vicarious liability for the tort of others and the obligor for compensation who causes damage to animals; "Road Traffic Safety Law" regards the insurance company as the obligor of compensation for road traffic accidents, which is essentially a substitute liability. The so-called vicarious liability, as its name implies, is to bear the liability for compensation for the tort of others. Its typical application field is the employer's responsibility field. In addition, there are guardians of minors who are liable for damages caused by minors. Judging from the actual legal effect, the vicarious liability of employers and guardians is based on their employment relationship and guardianship relationship with the actor. The insurance company's vicarious liability is based on its insurance contract relationship with the insured. The Road Traffic Safety Law directly determines the insurance company as the compensation obligor for road traffic accidents, which is undoubtedly a great innovation and progress in legislation and represents a development trend of modern legislation.
legal ground
Article 76 of the Road Traffic Safety Law of the People's Republic of China * * * If a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions: (1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions. (two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%. The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.