交通事故中车上人员被甩出车外是否能够转化为第三者的问题,最高人民法院的新旧解释存在反复。被甩出车外的风险不宜纳入基本险,以附加险予以承保是更为恰当的方式。通过风险分级,设定脱离车辆意外伤害附加险,满足了对于被甩出车外的风险具有回避需求的投保人之需,完善了对车上人员的保护。车上人员与第三者的转化问题也得到了解决。 Traffic accident in the car was thrown out of the car can be transformed into a third party problem, the Supreme People’s Court repeated the old and new explanations. The risk of being thrown out of the car should not be included in the basic insurance, additional insurance to be underwritten is a more appropriate way. Through the risk classification, set out the risk of accidental injury from vehicles to meet the risk of being thrown out of the car to avoid the needs of the insured, improve the protection of the car staff. The problem of the conversion of the car staff and the third party has also been solved.