Britain is the world's third insurance giant, is the earliest start auto insurance business, is also one of the earliest compulsory automobile liability insurance system. As early as 1930 "road traffic law" promulgated and implemented, from January 1, 1931 onwards, the formal establishment of the compulsory automobile liability insurance. Before the implementation of more than two years our country to pay high insurance, although has made certain achievements, but there still exist many problems, the compulsory automobile liability insurance system research in the UK is of great significance to improve the traffic accident compulsory insurance in our country.

One, the British auto compulsory insurance characteristics

1 security range

The compulsory automobile liability insurance coverage, personal injury, property loss caused by traffic accidents including third people, is characterized in that the motor vehicle passengers included in the third range, better on the civil liability of the insurer.

2 the implementation of fault liability principle of compensation

The UK is tort law more developed countries, according to the traditional behavior in tort law duty of care principles, fault tort caused by road traffic accident for application. Compulsory automobile liability insurance is liability insurance people in traffic accidents, therefore also apply fault liability.

3 victims have the direct request right to insurance company

The provisions in the "the third party direct claim law", if the insured person in traffic accident happens after death, merger or a loss of liquidity, claim on the insured the right can be transferred to the victim, insurance gold direct victim enjoy. In order to guarantee third in the legislation of compensation, the 1972 revision of the road traffic law, certain exclusions contained on the policy and non negative constraints of liability, does not produce the effect of the third.

4 a high degree of security

In the compulsory automobile liability insurance at the beginning of the implementation, the casualties and an unlimited amount of provisions, in 1989, the British press (now the EU) regulations, third's property loss in insurance, and the provisions of the insurance limit of £ 250000. According to the forecast, in order to fully protect the interests of the victims, according to the UK will be in June 11, 2007 in the EU member states the entry into force of the order fifth, the minimum amount to further improve the motor vehicle third party liability insurance. The amount of insurance liability directive fifth, specified as follows:

(1) the amount of insurance liability relates to human casualties

Human casualties minimum liability limit should ensure that all severely injured victims to obtain the comprehensive, timely compensation. Human casualties minimum liability limit is each victim was 1000000 euros, or 5000000 euros for each case, by the member states apply.

(2) the insured amount refers to loss of property

Property damage, no matter how many victims, property loss minimum liability for the amount of 1000000 euros.

5 Insurance ratemaking reasonable

The compulsory automobile liability insurance completely free rate, from the insurance company according to their own experience and management level determines the corresponding data. Ratemaking mainly considered from the car factors and human factors, and the no claim discount policy in detail.

Revelation two, the compulsory automobile liability insurance system of China's compulsory insurance

1, expand the scope of the victim

China's motor vehicle compulsory insurance coverage is the vehicle, motor vehicle road traffic accident insurance caused by the insured in outside of the victim's personal casualty and property losses. Will passengers injury excluded. The theory of motor vehicle third party liability compulsory insurance for traffic accident victims to safeguard the interests of the establishment, its focus is to protect the victims to obtain timely and effective compensation, so the victim's scope to the passengers, the risk can better on the owner or driver, improve their the capacity of compensation, the victim is guaranteed.

2 changing the compensation principle.

In order to protect the victims of the traffic accident is better, where cross strong insurance to limit the scope of, China's "traffic law" adopts the principle of no fault liability for personal injury and property loss. This regulation is better safeguard the interests of the victim, but it is unfair to the insured and the insurance company, a strict requirement to go beyond the stage of economic development, the author suggests to human casualties and rescue the cost of liability without fault, the property damage liability, balance of interests in order to maintain the related subject.

3 provisions of victim to the insurance company directly enjoys the right of claim

For the protection of motor vehicle traffic accident victims can get full compensation, should draw lessons from the British insurance to pay strong, in the "motor vehicle traffic accident liability compulsory insurance regulations" stipulates the victims have the direct request right of the insurer, and the insurer shall not be provided to the insured's defenses against the victim. But in the range of compensation insurance, the insurer has the right to subrogation victims on the insured's claim; the insured has made the compensation for victims, the insurer shall only in compensation in accordance with the law of insurance deduction of the amount of compensation for the victims, the liabilities of compensation, and to the insured amount of compensation, the insurer shall pay the insured in the insurance range.

4 to improve the personal injury compensation limit

Greatly improve the limitation of liability for personal injury, can be achieved on the personal injury compensation relief most fully, in accordance with "the legislative purpose of compulsory insurance regulations", is also in line with the national policy and legal concept of people-oriented. Although our country compulsory insurance to personal casualty liability limit increased from 60000 yuan to 120000 yuan, but according to "explain" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation cases, death compensation in the amount of about 400000, plus medical expenses grow rapidly, our personal injury compensation limit there are still large room for improvement. But our country to pay high insurance liability limit implement breakdown principle, die limit of 110000 medical expenses limit for 10000, reduce the degree of protection, and the limitation of liability for compensation of all victims every accident, if the accident involves many victims are the victim to have quota allocation low, making the victim compensation is lower, so I think we should further improve the personal injury compensation limit, or to consider the abolition of sub quota system, change the current cross strong insurance security issues of the Bureau in multiple vehicle accidents, deaths under the condition of the surface.

5 the premium rate liberalization

In the UK, the motor vehicle third party liability insurance free competition mechanism of the market, whether the insurance company engaged in motor vehicle liability insurance, and the use of the high and low rates are by the insurance company to decide. Competition is the result of some insurance companies to give up the motor vehicle insurance business, only the specialized business. For example, the year 2006 a total of 788 British home insurance companies engaged in property insurance business qualifications, but in practice, only 67 insurance companies and Lloyd's 13 syndicated business auto insurance business. Our country to pay high insurance practice is not profit is not the loss of ratemaking pattern, practice shows that it can not reduce the rate of compulsory insurance, but the insurance rate is maintained at a high level. So the author suggests that it is necessary to introduce the competition mechanism of British compulsory insurance ratemaking, through a competitive rate of compulsory insurance rationalization. Competitive rate of compulsory insurance can not only reduce the insured rate reduce burden, but also because the mandatory provisions of law, does not reduce the degree of protection for victims in traffic accidents, the insurance company can also acquire reasonable profit, at the same time, insurance regulators also avoid struggling to regulatory cross strong insurance act.