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目前,在审理被保险的机动车致人身损害赔偿的民事案件中,受害人一般只以机动车的所有人或行为人作为被告提起诉讼,而人民法院也只是把受害人与机动车所有人或行为人作为诉讼主体进行审理。笔者对此有不同观点:在审理因保险的机动车致人身损害赔偿的案件中,除受害人或所有人(行为人)为原、被告之外,应当同时把保险人作为诉讼的第三人参加民事诉讼,一并审理。现仅就此类案件的特点,保险人与投保人的法律责任以及保险人参加诉讼的意义和地位作如下剖析,以期共鸣。
At present, in the civil cases concerning the compensation for personal injury caused by insured motor vehicles, the victims generally only use the owner or agent of the motor vehicle as the defendant to sue, and the people's court only sues the victim and the motor vehicle owner or The agent acts as the subject of litigation. The author has different viewpoints on this point: In the case of adjudication of compensation for personal injury caused by motor insured, except the victim or the owner (the actor) and the defendant, the insurer should also be the third person in the lawsuit To participate in civil proceedings, hearing together. Only the characteristics of such cases, the legal liability of the insurer and the insured, as well as the significance and status of the insurer participating in the litigation are analyzed as below to achieve resonance.