Third lawyers interpretation of traffic accidents are defined,


    Compulsory insurance and commercial third party liability insurance belongs to the third party liability insurance category, defined by the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, in accordance with the law or the insurance contract of insurance and motor vehicle; liability insurance for the insurance vehicle or vehicle on the same passenger and the driver damages. Limit of indemnity differences in practice third party liability and liability of the personnel on the car is large, but also in the insured only cover a portion of the three kinds of insurance, the victim's identity is "third" or "motor vehicle officers" or "motor vehicle", will determine the victim's loss can be the compensation of insurance company.

According to China's "motor vehicle traffic accident responsibility compulsory insurance regulations," the provisions of article third, cross strong insurance "the third person" should be "the car personnel, insurant outside of the victim". For "the insured", the rule forty-second gives definition, refers to the legal driving the insured and permitted; and for the liability insurance in the "the passenger" law does not clearly defined.

According to the "Regulations of motor vehicle traffic accident liability compulsory insurance clause", the third refers to the addition of the insured, the insurer and the insured is outside, victims of insurance vehicle accident suffers from a personal injury or property loss.

    As the vehicle third commercial insurance liability insurance in the "third", the definition of insurance companies are not entirely consistent, usually understood as: third refers to the addition to be outside of the insurer and the personnel on the car, accident insurance vehicle causes the personnel or property insurance under the vehicle damage the injured party.

    The third party liability insurance is the insured liability for third as standard, to fill the insured shall bear the responsibility for compensation for the loss of insurance third. "Third" can be defined according to the agreement or the legal regulation of insurance contract.

    According to the "Regulations of motor vehicle traffic accident liability compulsory insurance regulations" twenty-first article: "the insured motor vehicle traffic caused by the vehicle, are victims of personal injury, property damage insurance people outside, by insurance companies in accordance with the law in the motor vehicle accident liability compulsory insurance liability compensation limit. The road traffic accident damage was deliberately caused by the victim, the insurance company shall not compensate ";" the compulsory motor vehicle traffic accident liability insurance clause "fifth article:" cross strong insurance contract in the victim is a result of the insured motor vehicle traffic accidents suffered casualties or property losses, but does not include the insured motor vehicle the car, the insured persons". 

      So how to understand the "motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as the compulsory insurance) the provisions of article twenty-first?

      Because the motor vehicle is a vehicle, it is impossible for anyone to permanently in a motor vehicle, and the risk involved in "the passenger" should be temporary identity under certain time-space conditions, should not be fixed permanently, identity,"Between the car outside personnel" and "the vehicle, the insured victims" identity can change due to the specific conditions of time and space and transformation. Because the insurance car accident victims, if before the accident insurance vehicle car personnel, at the time of the accident have exposure to the insured vehicle, and casualties due to vehicle accident, should belong to the third people, and not to "the car personnel". That is to say, to judge the traffic accident victims in the "is this car personnel", we should distinguish the cause of death, even if the vehicle accident caused by the passengers in the car at the time that death, whether the place of death, shall be deemed to be the personnel on the car, the vehicle compulsory insurance does not assume insurance responsibility; if the vehicle accident at that time only to the car was injured, the cause of death of the vehicle "two damage", should be regarded as third dead.

Cross strong insurance refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, be compulsory liability insurance compensation within the limit of liability. Can be identified, the personnel on the car only refers to the personnel in the vehicle. When there was an accident. Based on the third and the personnel on the car are temporary identity specific space and time condition, both may be due to changes in the specific conditions of time and space and change. Judging by the insurance accident happens to the vehicle traffic accident victims belong to third still belongs to the personnel on the car, must be to the people in the traffic accident happened at this particular time is in the vehicle on the basis.

Judging by the insurance vehicle accident victims belong to "third" or the "staff car", must be based on the people in the accident happened at this particular time is in the vehicle above as the basis, in the car is "the personnel on the car", under the car is "outside the car personnel", the so-called "third". This is because, the motor vehicle is one kind of transportation tool, anyone can not be permanent in the motor vehicle, the motor vehicle insurance contracts that are involved in the "third" and "the personnel on the car" are temporary identity under certain time-space conditions, two can change the fixed time and space conditions and the transformation. Because the insurance car accident victims, if before the accident insurance vehicle car personnel, at the time of the accident have exposure to the insured vehicle, belonging to the "third".