자동차책임보험에서 혼동과 관련한 문제점과 개선방안

Abstract

Bodily Injury Liability (I) in the Automobile Liability Insurance is a compulsory insurance which does not have any exclusion clause on the death or bodily injury of insured’s family members such as parent, spouse and children, etc, unlike bodily Injury Liability(II) which is the voluntary insurance. Then, regarding the family members’ deaths being admitted as the 3rd party, the right to claim the damage can be ceased due to the confounding effects in Civil Law in the event that the deceased family member(victim) inherits both the claim for damage towards insured and the insured’s liability for damage towards the family members simultaneously when the insured alone or both insured and family member die of the car accident. If this happens, the family of the deceased is not allowed to benefit from Automobile Insurance , despite that the deceased person is considered as the 3rd party to the insured For example, in a particular case that the perpetrator becomes a heir of the deceased, the Automobile Insurance Company as the 3rd party is allowed to deny the claim payment or make the graded payment depending on the accidental situation associated with the confounding effect in Civil Law, regardless of the confounding effect triggered by the inheritance. Besides, in the event that the perpetrator relinquishes the right to claim the damage inherited from the deceased family member lawfully, the other heir is entitled to receive the automobile insurance claim which corresponds with the relinquished share of inheritance. This case is contradictory to the original intent of Automobile Insurance aimed at protecting the injured party and is also not in accordance with the fairness. I will hereafter look into various problems associated with the confounding effect and its improvement plans .