无证、醉酒驾车肇事保险公司交强险拒赔的法律分析——兼谈交强险条例第22条的理解与适用

社会上对于司机无证、醉酒驾车肇事,承保该肇事车的保险公司是否要在机动车强制保险责任限额范围内承担赔偿责任有不同的看法,但各家保险公司对此类保险事故一概拒赔却是不争的事实。各方对此现象有不同的看法,缘于大家对《交强险条例》第二十二条和《道交法》第七十六条有不同的理解,对它们之间的关系也有不同的解读。为此,笔者将运用法理、法意及逻辑原理对无证、醉酒驾车肇事保险公司交强险拒赔是否有法律依据进行分析,并为解决此问题提出立法完善建议。

As to the traffic accidents caused by drivers with no licenses or drunken drivers, people hold different views towards the matter whether the insurance company should be responsible for the claim of the traffic accidents at the liability limit within the scope of coverage of Compulsory Insurance. However, it is a fact that all the insurance companies refuse to accept the claims of these accidents. All parties have different opinions because they have different understanding of the 22^nd clause of the Compulsory Insurance Regulations of Motor Traffic Accident Liability and the 76^th clause of Law of The People＇ s Republic of China on Road Traffic Safety and they have different understanding as to their relations. This paper attempts to analyze whether the matter that the insurance companies refuse to adjust the motor - driven accidents of drivers with no driving licenses or drunken drivers is legal within the frame of legal principles, spirits of law and logical principles and to put forward some suggestions for legislation to solve those problems.