Câu hỏi 264: Khái niệm người thứ ba trong bảo hiểm trách nhiệm dân sự của chủ xe cơ giới đối với người thứ ba có bao gồm tất cả các nạn nhân bị thiệt hại về nguời và/hoặc tài sản trong các vụ tai nạn do việc sử dụng xe gây ra hay không?

Câu h?i 264: Khái ni?m ng??i th? ba trong b?o hi?m trách nhi?m dân s? c?a ch? xe c? gi?i ??i v?i ng??i th? ba có bao g?m t?t c? các n?n nhân b? thi?t h?i v? ngu?i và/ho?c tài s?n   trong các v? tai n?n do vi?c s? d?ng xe gây ra hay không?

Trả lời:

 

Bảo hiểm TNDS của chủ xe cơ giới đối với người thứ ba là loại bảo hiểm trách nhiệm bồi thường thiệt hại ngoài hợp đồng của chủ xe nên khái niệm người thứ ba không bao gồm tất cả các nạn nhân bị thiệt hại về tài sản hoặc tính mạng sức khỏe trong các vụ tai nạn do việc sử dụng xe gây ra.

 

Khái niệm người thứ ba chỉ bao gồm các nạn nhân mà trách nhiệm bồi thường của chủ xe đối với thiệt hại của họ là loại trách nhiệm bồi thường thiệt hại ngoài hợp đồng.

 

Theo quy tắc bảo hiểm bắt buộc TNDS chủ xe cơ giới: bên thứ ba là những người bị thiệt hại về thân thể và/hoặc tài sản do việc sử dụng xe cơ giới gây ra, trừ những người sau:

 

Lái xe, phụ xe trên chính chủếc xe đó;

 

Người trên xe và hành khách trên chính chiếc xe đó;

 

Chủ sở hữu xe trừ trường hợp chủ sở hữu đã giao cho người khác chủếm hữu, sử dụng chủếc xe đó.

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