军人“无证驾驶”与保险赔付

军人仅持有军队驾驶证驾驶民用车辆发生交通事故引发的保险纠纷,一直以来是我国保险实务中的难题。围绕着保险公司应否理赔,一种观点认为军队驾驶证不是公安部明确认可的驾驶证,持该驾驶证驾驶民用车辆就是无证驾驶,保险公司不应为无证驾驶行为买单;另一种观点则认为既然军人拥有军队驾驶证,就拥有驾驶技术,应视为有证驾驶,因此保险公司应当理赔。面对两种截然不同的观点,本文以为还应从影响保险理赔的保险风险入手加以分析和梳理,从而确认是否应当予以赔付。

The insurance dispute caused by the traffic accident, in which soldier drivers with only military driving license drive civil vehicles has been a difficult problem in insurance practice. It is unclear whether the insurance company should cover the cost. Some people believe that the military driving li- cense is not a legally authorized driving license of the Ministry of Public Security. Driving the civil vehi- cle with a military driving license equals to driving without license, therefore, insurance company should not cover the cost; Some other people believe that now that the soldier has a military license, he has the ability to drive, so the insurance company should cover the cost. In the face of the different understand- ing, this paper argues that it should also be analyzed and combed from the insurance risk affecting insur- ance claims.