交通事故诉讼中保险人主体资格的法理评析

Evaluation and Analysis of the Insurer's Right as Principal in the Litigation of Traffic Accidents

《第三者责任强制保险条例》实施后,道路交通事故受害人将承保机动车第三者责任强制保险和附加第三者责任险的保险公司作为共同被告起诉,要求保险公司在第三者强制保险及附加第三者责任保险责任限额内承担直接赔偿责任,目前理论界对此类案件的意见不一。区分第三者责任强制险与附加第三者责任险的性质是界定交通事故诉讼中保险人的主体资格与法律责任的前提;机动车第三者责任强制的保险人是适格被告,应在第三者责任保险的保险人不是适格被告,受害人无权直接向机动车第三者责任强制保险人求偿。

Since the implementation of the Compulsory Insurance Regulations on the Third Party, victims of the traffic accidents will charge the insurance company underwriting compulsory insurance on the third party of automobiles and additional insurance of the third party liability as codefendant, asking the insurance company for direct compensation. At present, the theoretical circle has different attitudes toward this kind of cases. Differentiating the nature of the compulsory insurance on the third party and additional insurance of the third party liability is the premise for defining the insurer＇s fight as principal and legal obligation in the litigation of traffic accidents. The insurer of the compulsory insurance on the third party of automobiles is qualified defendant, and the insurer of the insurance of the third party liability is not disqualified defendant. Therefore, victims are not authorized to directly ask for compensation from the insurer of the compulsory insurance on the third party of automobiles.