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The Remedies for the Victims of the Invalid Compulsory Traffic Accident Liability Insurance Contract——Based on the Analysis of Mr. Liu's Traffic Accident Case

Ji Fan

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Abstract

The validity of an insurance contract is one of the preconditions for traffic accident victims to get the insurance benefit. When the contract isn't exist,exist without effect or void,the victim of the accident may suffer a pure economic loss,which should be protected under the Tort Law. Some clauses in the Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles and the Road Traffic Safety Law can be deemed as protective law,which lead to statutory duties. The owner or driver of motor vehicle and the insurance company have to guarantee the validity of the insurance contract.Breach of these legal duties will give rise to tortious liability.

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What this paper is about

The validity of an insurance contract is one of the preconditions for traffic accident victims to get the insurance benefit. When the contract isn't exist,exist without effect or void,the victim of the accident may suffer a pure economic loss,which should be protected under the Tort Law. Some clauses in the Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles and the Road Traffic Safety Law can be deemed as protective law,which lead to statutory duties. The owner or driver of motor vehicle and the insurance company have to guarantee the validity of the insurance contract.Breach of these legal duties will give rise to tortious liability.

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Available abstract

The validity of an insurance contract is one of the preconditions for traffic accident victims to get the insurance benefit. When the contract isn't exist,exist without effect or void,the victim of the accident may suffer a pure economic loss,which should be protected under the Tort Law. Some clauses in the Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles and the Road Traffic Safety Law can be deemed as protective law,which lead to statutory duties. The owner or driver of motor vehicle and the insurance company have to guarantee the validity of the insurance contract.Breach of these legal duties will give rise to tortious liability.

Key concepts: Liability insurance, Business, Tort, Accident (philosophy), Liability, Statutory law, Insurance policy, Law

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The Remedies for the Victims of the Invalid Compulsory Traffic Accident Liability Insurance Contract——Based on the Analysis of Mr. Liu's Traffic Accident Case — Research Paper | ScholarLens