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机动车保险理赔难一直是保险实务中热点问题,该类保险纠纷主要反映在保险公司的拒赔、惜赔、拖赔等方面。从法经济学的角度分析,这一问题的出现,首先在于保险人与投保人之间的信息不对称,其次则是代位求偿制度在实践中受阻,最后则由于保险公司与汽修商之间的博弈,所以导致车险理赔难这一问题的愈演愈烈。调和这一矛盾的关键在于保险代位求偿制度的构建和具体贯彻实践。
Motor vehicle insurance claims has always been a hot issue in the insurance practice, such insurance disputes are mainly reflected in the insurance company’s refusal to pay, pity to pay, such as tow claims. From the point of view of law and economics, the emergence of this problem lies firstly in the information asymmetry between the insurer and the policyholders, and secondly, the subrogation system is hindered in practice. Finally, due to the fact that insurance companies and automakers Between the game, so difficult to auto insurance claims this issue intensified. The key to reconciling this contradiction lies in the construction and concrete implementation of the insurance subrogation system.