| Title | Study on the Accident Indemnity System for the Railroad and Highway Commercial Carriers |
| Dept | IOT |
| Year | 2000 |
| Month | |
| Price | |
| Summary | This study focuses on the accident indemnity system and reasonable compensation for the railroad and highway commercial carriers. This study suggests that the indemnity system should be composed of three levels. In the basic level, there is the No-fault indemnity system with at most $NT 1,200,000 for the injury and death of involved persons, while in the middle level there is the Strict Liability indemnity system that provides victims at most $NT 3,600,000. In the top level there is the Liability indemnity system. A complete accident indemnity system of the railroad and highway commercial carriers is thus expected to be established through these three levels. In the No-fault indemnity system, the "Compulsory Automobile Liability Insurance (CALI)" has been adopted since 1998. It indemnifies persons involved in the accident for their injury and death with at most $NT 1,200,000. It is suggested that this law should be extended to the railroad commercial carriers. In the Strict Liability indemnity system, laws and regulations are suggested to be revised to construct the indemnity system toward Strict Liability and raise the upper limit of compensation to $NT 3,600,000. This study also proposes drafts to draw up the insurance policy and revise the laws and regulations. In the Liability indemnity system constituted by the Civil Law, the victims or their family may ask for compensation for their damage if they can prove the premeditation or fault of the person who causes the accident. This should be involved in the Laws of railroad and highway. In order to ensure the safety of the public and the continued operating of the commercial carriers, this study suggests propagandizing the commercial carriers with risk management to share the liability by the insurance. |
| Post date | 2000/02/01 |
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