Summary: | 碩士 === 淡江大學 === 保險學系保險經營碩士在職專班 === 93 === The compulsory automobile liability insurance laws in Taiwan was operated from July 1, 1998. The foregoing new policy was promulgated in order to provided basic protection for injury to, dismemberment or disablement of, or loss of life of the Injured Party to be directed against Automobile Traffic Accident. At the same time, the Motor Vehicle Accident Compensation Fund was also established in order to the protect the victims who were not protected by compulsory automobile liability insurance laws. In the past 6 years, 1578 victims benefits from the activation of MVACF when the traffic accident are not covered by any insurance. Even worse, there are 2287 cases the fund was activated to benefit the victim because no suspect can be identified. Therefore, The Fund had already developed the function of political insurance and set up a wholly complete system to protect the traffic victims.
After six years experience of the operation of MVACF. It seems that there are still have some conflicts between practically and regulation. These conflicts also damage the right of the Injury Party and cannot protect and affected by the regulation.
The main purpose of this paper is to study the right of the Injury Party and the liability insurance laws for different system, and try to find some solutions between these conflicts. Such as:liability basis、type of car limited、what is automobile traffic accident、claim for several automobiles、dismemberment or disablement graded、the regulation for the deductible of social insurance、the recover amount in proportion and terms of settlement etc,. The suggestion was provided to the competent authority for future consideration.
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