Whether the insurance company should claim the traffic accident cases in legal fees, lawyers fees?

The civil procedure law "the 119th stipulation:" must be a joint action if the parties do not participate in the proceedings, the people's court shall notify them to take part in the proceedings."
   "The Supreme People's Court on the application of the" PRC Civil Procedure Law "suggestions" fifty-seventh article: "must be a joint action if the parties do not participate in the proceedings, the people's court shall, in accordance with the provisions of the civil procedure law 119th, notify the parties to participate in; can also apply to the people's court for additional. The people's court for the parties to apply for, shall review the application, unreasonable, the court rejected; if the application is reasonable, written notice by the additional party to participate in the proceedings."
   "Guiding opinions of the higher people's Court of Shaanxi on Several Issues concerning the trial of the road traffic accident damage compensate case (for Trial Implementation)" the twenty-third stipulation: "right to damages to prosecute the insured motor vehicle party, at the same time, the insurance company as the prosecution of the defendant or the third person, the people's court shall insurance companies will be listed as the defendant or the third party to participate in the litigation."
   Article twenty-fourth stipulates: "the right to damages only against the insured motor vehicle party, the people's court may add the insurance company as the third party to participate in the litigation. But the insurance company has fulfilled except payment obligations."
   "The people's Bank of Chinese reply on the civil liability of the branches of commercial banks" (August 7, 1995), according to the "Regulations" the PRC Civil Procedure Law "forty-ninth article and the Supreme People's court" on the application of 'of the people's Republic of China Civil Procedure Law' opinions on several problems of "the provisions of article fortieth, the specialized banks (commercial banks), the branches of insurance companies in various localities do not have the qualifications of a legal person, but belongs to the" other organizations ", has the qualification of subject of action, can participate in the litigation as a party to a civil action. Commercial bank branches in the head office within the authorized scope of business, disputes of civil litigation and other citizens, legal persons and other organizations, should take the branches as the main proceedings, and should not be in the office as the main proceedings. Two, "the people's Republic of China Commercial Bank Law" the twenty-second regulation, the branches of commercial banks do not have the qualifications of a legal person, doing business in the head office of the scope of authority, and the civil liability undertaken by the headquarters. Refers to the specialized banks (banks) (including insurance companies) branches as the main proceedings in the litigation, bear civil liability with no authorization of its headquarters of its management and Property Management Limited, if the property is not enough to bear civil liability, civil liability shall be borne by the over part of its superior to the head office, non refers to the civil liability of the branch directly taken by the head office."
   Insurance law is currently implementing the "" (2002 Edition) the fiftieth stipulation: "the insurance of liability insurance of the insured to third party damage, in accordance with the law or the agreement in the contract, directly to the third party compensation insurance."
   In February 28, 2009 the eleventh meeting of the Seventh NPC Standing Committee amended through, will be on October 1, 2009 implementation of the "insurance law" sixty-fifth stipulates: "the insurer of liability insurance of the insured to third party damage, in accordance with the law or the contract, directly to the third party compensation insurance. Liability insurance of the insured caused harm to the third party liability insurance, is to be determined by third, according to the request of the insured, the insurer shall directly to the third party compensation insurance. The insured fails to request, third have the right to request compensation should be compensation insurance payments directly from the insurer."
   Visible, the right to compensation lawsuit can be listed insurance companies to participate in the litigation as a joint defendant; the insured shall have the right to request additional insurance companies to participate in the litigation as a joint defendant. If the court does not adopt the insured's application, should also be "reject", rather than a verbal notification. Even if the obligee to compensation of prosecution is not listed, the insured fails to apply for, under the authority of a court should additional insurance companies to participate in the proceedings as co defendants, directly determine the insurer in the adjudication document (insurance company) shall bear the compensation obligation to the third payment.
   Two, the insurance company about the insurance company does not assume legal fees, lawyers fees answer is wrong.
   Insurance law is currently implementing the "" (2002 Edition) the fifty-first stipulation: "the liability insurance of the insured to the third party damage caused by the insured is brought to arbitration or litigation, unless otherwise stipulated in the contract, paid by the insured to arbitration or litigation expenses and other necessary, reasonable expenses, shall be borne by the insurer." That is to say, the legal provisions of the insured caused damage to third party due to the insured is brought to arbitration or litigation, paid by the insured to arbitration or litigation expenses and other necessary, reasonable expenses, shall be borne by the insurer. However, except for the contract that insurers do not bear.
   As the saying goes, a policy, there is countermeasure. Many not the integrity of the insurance company to get legal representation is not rigorous loopholes, specified in the format of the contract third party liability insurance clause fifth: "the insurance prior written consent, the insured for fourth listed reasons caused harm to the third party and was sued by the insured person, to pay the arbitration or the cost of litigation, the insurer is responsible for compensation, the compensation amount to no more than third insurance liability insurance compensation limit specified in 30%".
   The judiciary and the legal profession generally believe that this clause shall not be binding. This is because: third party liability insurance clause fifth is the format of the terms of insurance companies, and essentially belongs to the exemption clause, the clause, there are strict requirements on the insurer. First, the third party liability insurance clause fifth is the use of generic font, in the "note" ("important") did not note the insured note and read the clause. The insurer violates the party that provides the standard clauses shall be "the law to take reasonable way to draw attention from the other party or limit their liability provisions". Second, the rights and obligations of the insurer did not follow the principle of fairness and between the insured. The civil legal relationship between the insurance contract is equal to the main. The insurer in the provided format provisions, shall abide by the principle of fairness and the insurant, the right and obligation of insured. Third party liability insurance clause fifth shall provide the insurer, the insured premises for litigation expenses claims is "the insurance prior written consent". In other words, as long as the insurance personnel did not agree in writing to the insured the insurer to litigation, litigation costs do not assume responsibility for the settlement of claims. Visible, about the cost of litigation claims, the insurer may unilaterally limit the rights of the insured person, and the fair principle. Third, terms of format provided by the insurance limit is right the insurer. The insured in the cases of compensation in traffic accident should be right, is a basic right of the provisions of the Civil Procedure Law of the parties. The insurer by format provisions require the insured consent in writing of the insurer in responding to the former, obviously limited the insured should be right, there is no legal basis, and the action violates the principle of civil procedure law. Fourth, terms of format of insurers to provide, in essence to exempt their should bear the responsibility of payment of litigation costs. The insurer long in advance not to be written consent of the insurer to answer, will no longer pay the litigation costs of insurance liability. Visible, the terms of format is essentially the exclusion clauses. Therefore, according to the provisions of relevant laws and regulations of the insurance law, the clause shall not be binding.
   Although the social from all walks of life to the "insurance law" (2002 Edition) express fifty-first not rigorous have criticized more, despite the numerous insurance companies use their reasonable expenses provides the powerful position of format contract continue not to bear costs, implementation costs, legal fees, but in February 28, 2009 the eleventh meeting of the Seventh NPC Standing Committee amended by the "insurance law" is still in the sixty-sixth stipulation: "the liability insurance of the insured to the third party damage caused by the insured is brought to arbitration or litigation, the insured pay the arbitration or litigation expenses and other necessary, reasonable fees, unless otherwise stipulated in the contract, shall be borne by the insurer." For the relief of the legal embarrassment, at present by the Supreme People's Court judicial interpretation stipulation premise: the insurer shall not bear the litigation costs, legal fees, insurance is to be person should undertake not to bear the litigation costs, attorneys fee clauses included in the "note" (or "important"), included in the "exemption clause" "the insurance provisions; should be prior written consent" to bear the litigation costs, legal fees provisions for invalid clause. The people's courts in adjudicating cases, should support the insured require insurers to bear costs, legal fees and other reasonable expenses claim.