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Legal Problems on Uninsured Motorist Insurance Coverage

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(1), pp.99-120
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Shin,Jong-Seok 1

1배화여자대학교

Candidate

ABSTRACT

Uninsured motorist insurance coverage means that according to insurance policy, insurance companies indemnify the insured for losses, when they are injured or killed by an uninsured motorist car accident and its liability lies with the uninsured driver. Uninsured motorist insurance coverage was originally introduced as a part of special clauses, but later it has been introduced as a part of common clauses since August of 1995. This insurance was designed to the effect that first the insurer, the insurance company, compensates to the losses of the insured, and then exercises the right of claim to the person in charge. There are different positions on how to define its characteristics such as accident insurance, indemnity insurance, and accident insurance related with indemnity insurance. The Solutions of legal issue would be different according to the understanding of how to see its legal character. Moreover, if the insurer would not compensate for the damage related with unlicensed driving and drunk driving with exemption clause, its validity should be in discussion. As the income of the family increases, many families have several vehicles. This implies that the number of the insured who are duplicate applicants for uninsured motorist insurance coverage has increased. In this case, whether this coverage is double insurance or not is an important factor of calculating insurance money. There is growing concern over how to understand the legal character of the insurance. In addition, I would like to raise a legal problems and suggest an alternative.

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