Comparative perspective in regulating rights among victims, tortfeasors, and uninsured motorist fund: Rights of subrogation


In China, the State Council’s rules have vested in the Uninsured Motorist Fund rights to reimburse
its paid compensation to victims from the person who is responsible for the motor vehicle accident. In practice, current rules are inadequate for the Uninsured Motorist Fund to exercise its right of subrogation sufficiently in China since there are loopholes and weaknesses in existence. Cases involving whether the Uninsured Motorist Fund can be reimbursed from the tortfeasors, liability insurance companies or the victims are judged differently by the courts in different jurisdictions. Compared with the rules in Europe, the conditions for the victims in seeking compensation in China are different, as well as the legislation for the Uninsured Motorist Fund in seeking reimbursement from the person who is responsible for the accident, and the method for the local government to organize the Uninsured Motorist Fund. In order to take advantage of benefits of the Uninsured Motorist Fund and help victims with their difficulties, this paper proposes to modify litigation procedures to improve efficiency of the Uninsured Motorist Fund’s claim of reimbursement, guaranteeing the Uninsured Motorist Fund’s performance in right of subrogation.

Wei Zou