驾驶人肇事后逃逸情形下交强险的追偿权问题

Recovery Rights of the Mandatory Motor Vehicle Insurance Involving Hit-and-Run Drivers

被保险人故意制造道路交通事故后逃逸、驾驶人未取得驾驶资格或者醉酒肇事后逃逸、被保险机动车被盗抢期间肇事后逃逸、人车分离情形下驾驶人肇事后逃逸等五种情形下,交强险保险公司依法代被保险人或致害驾驶人向受害人承担本应由被保险人或致害驾驶人承担的赔偿责任后,依法有权向相应的被保险人或致害驾驶人追偿。

Hit-and-run accidents mainly occur in the cases where the insurant has intentionally made a motor vehicle accident, where the driver has driven a motor vehicle obtained by theft or robbery, where the driver has no driver＇ s qualification, where the driver has been driving intoxicated or drunk, and where the driver is not the insurant of the mandatory motor vehicle insurance or the legitimate driver allowed by the insurant. In those five cases, the insurance company of the mandatory motor vehicle insurance that assumes the compensatory liability instead of the insurant or the driver shall be entitled to be reimbursed by the insurant or the driver who shall be liable for the traffic accident finally.