Encyclopedia of Economic Law Journal

Assessing the financing of the driver compensation system in the light of the Compulsory Insurance Law approved in 2016

Document Type : Scientific research

Author

Hamid Afkar

PhD in Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad

https://doi.org/10.22067/economlaw.2022.74059.1116
Abstract
Objective: The foundation of the driver compensation system has been established in legal systems based on logical, social and economic interests. On the other hand, paying attention to the legal security and financial resources of the insurer and the bodily injury indemnity fund shakes the foundations of the idea of absolute protection of the victims of traffic accidents. Exaggeration in identifying the responsibility of these two social institutions in relation to compensating the driver who caused the accident will weaken the efficiency of the insurance industry and reduce public resources. Identifying the liability of the insurer and the bodily injury indemnity fund in the driver compensation system for damages before and after the adoption of the new insurance law requires reviewing the law, legal and economic foundations in order to achieve the goal of protecting the victims of traffic accidents and taking into account the social and financial interests of the insurer and the fund, to provide an effective interpretation of the idea of compensating the driver who caused the accident.
Methodology: The method used in this research is descriptive-analytical.
Findings: Law and legal justifications in the new insurance law indicate the obligation of the insurer and the insured to conclude a driver accident insurance contract. Although driver accident insurance is independent of third party insurance, the violation of the legal duty in issuing driver accident insurance by the insurer imposes a mandatory imposition of legal obligations on the insurer. Utilizing the foundations of the social welfare system or considering the fault of society as the broadest organization, justifies the responsibility of the government and society to the driver who caused the accident without insurance, and the bodily injury indemnity fund as an alternative to insurance is the most effective source of compensation. It does not make sense to extend the liability of the fund and the insurer to the uninsured driver for damages before the adoption of the new insurance law, and the resources of these two institutions are severely lacking.
Conclusion: Law and legal basis justifying the liability of the insurer and the fund According to the new law, does not include the past bodily injuries of the driver who does not have accident insurance and in addition, the lack of economic efficiency and rational justification excludes the insurer and the fund from the resources of the driver compensation system causing the accident. Keywords: The driver who caused the accident, Driver Accident Insurance, Insurer, Bodily injury indemnity fund.

Keywords

The driver who caused the accident
Driver Accident Insurance
Insurer
Bodily injury indemnity fund

©2022 The author(s). This is an open access article distributed under Creative Commons Attribution 4.0 International License (CC BY 4.0)

  •  

    • A group of authors (2017). Encyclopedia of Public Law, Tehran: Imam Sadegh (AS) University Publication. (In Persian)
    • Abedi, Mohammad; Nadi, Mohammad Taqi (2020). Civil liability and compensation system in traffic accidents, Tehran: Enteshar Publication. (In Persian)
    • Afkar, Hamid; Khodabakhshi, Abdollah; Seidzadeh Sani, Seyed Mehdi (2020). “Identify the liability of the insurer in the criminal process”, Insurance Research Journal, 35(137), 215-242. (In Persian)
    • Afkar, Hamid; Maboudi, Reza (2021). “An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents)”, Parliament and strategy Journal, 28(106), 309-331. (In Persian)
    • Alishahi Qaleh Joghi, Abolfazl; Ahmadi, Tayyebe (2018). “Principles of the rule of" inviolability of honorable blood "with an approach to the Islamic Penal Code 1392”, Jurisprudential principles of Islamic law Journal, 11(21), 131-159. (In Persian)
    • Amin, Mohammad Ibrahim; Bahador, Azadeh; Mahdavi, Ghadir; Daqiqi Asli, Alireza; Enayat, Ali Asghar; Akhavan, Khodakaram; Ansari, Ahmad Reza (2014). “Study of risk factors and factors affecting the calculation of insurance premiums in car insurance in Iran and the world", Case Report Publication, 22, 13-99. (In Persian)
    • Babaei, Iraj (2007). “Theoretical Foundations of Legal Economic Analysis Approach”, Journal of Legal and Policy Research, 9(23), 13-60. (In Persian)
    • Babaei, Iraj (2015). Insurance rights, Tehran: Samt Publication. (In Persian)
    • Birds, John (1997). Modern Insurance Law, London: Sweet & Maxwell.
    • Bostani, Mostafa; Malekpoor, Alireza (2012). “Critical Analysis of Kaldor-Hicks Efficiency Criterion, with Respect to Moral Values. Social Policy Making and Incoherence”. Journal of Advances in Environmental Biology. 6(7), 2032 – 2038.
    • Dabirnia, Alireza (2019). “The place of development program laws in the Iranian constitution; Planning in line with the duties of the judiciary”, Legal Journal of Justice, 83(106), 69-86. (In Persian)
    • Dehini, Mahsa (2019). “A Comparative Study of the Effect of Force Major on Compensation for Vehicles by the Insurer and the Physical Injury Insurance Fund in Compulsory Insurance Laws”, Insurance Research Journal, 34(135), 129-153. (In Persian)
    • Ghorbani Jooybari, Mohammad; Abhari, Hamid (2018). “Responsibility of Bodily Injury Indemnity Fund for Physical Damages to the Negligent Driver”, Insurance Research Journal, 33(4), 101-120. (In Persian)
    • Heine, Klaus; Grabovets, Kateryna (2015). “From Individuals to Organizations: The Puzzle of Organizational Liability in Tort Law”,The Dovenschmidt Quarterly, 3(2), 44 -53.
    • Hosseinipour, Seyed Mohammad (2012). Personal insurance, Tehran: Insurance Research Institute Publication. (In Persian)
    • Iravani, Ali(1991). “The end of the end in explaining enough”, Volume two, Qom: Islamic Information Office. (In Arabic).
    • Javaher Kalam, Mohammad Hadi (2022). Basics and principles of bodily harm compensation, Tehran: Enteshar Publication. (In Persian)
    • Kashani, Mostafa; Sami, Ashkan (2016). “The effect of road quality on mortality due to accidents using Cellular automation”, Transportation Research Journal, 13(48), 1-38. (In Persian)
    • Katuzian, Nasser (2001). “Praise the contract or contract management”, Journal of the Faculty of Law and Political Science, 21(52), 111-136. (In Persian)
    • Katouzian, Nasser (2009). General Rules of Contracts, Volume One. Tehran, Enteshar Publication. (In Persian)
    • Katuzian, Nasser; Izanloo, Mohsen (2018). Non-Contractual Requirements, Volume three: Liability Insurance, Tehran: Ganje Danesh Publication. (In Persian)
    • Khodabakhshi, Abdollah (2009). “Presence of the insurer and the bodily injury insurance fund in a civil liability lawsuit”, Insurance Research Journal, 24(65&66). 211-260. (In Persian)
    • Khodabakhshi, Abdollah (2011). “Civil liability resulting from traffic accidents and its developments in Iranian law”, Legal Journal of Justice, 75(74), 103-128. (In Persian)
    • Khademi Koosha, Mohammad Ali (2012). “Conceptualization of the rules of gratitude”, Journal of Jurisprudence, 19(4), 107- 131. (In Persian)
    • Khodabakhshi, Abdollah (2017). Insurance rights and civil liability, Tehran: Enteshar Publication. (In Persian)
    • Khoei, Abolghasem (1976). Fundamentals of Curriculum, Volume two, Qom: scientific printing press. (In Arabic)
    • Madani Kermani, Arefeh (2001) Insurance Law, Tehran: Majd Publication. (In Persian)
    • Mahmud Salehi, Jan Ali (2009). Insurance rights, Tehran: Central Insurance of Iran. (In Persian)
    • Mohammadi Khorasani, Ali (2009). Kowsar Fiqh, Volume two, Tehran: Institution for organizing and publishing the works of Imam Khomeini. (In Persian)
    • Rezaei, Sadegh (2018). “Consequences of harmful insurance activities in the country's industry”, Journal of Economic Security, 6(55), 53-68. (In Persian)
    • Ridic, Goran; Ridic, Ognjen (2018). Kaldor-Hicks and Pareto Efficiency in the Age of Global Disruption. Fourth FBA International Social Sciences Conference At: International University of Sarajevo.
    • Sabzevari, Sayed Abdol Ali (1993). The polite rulings in the statement of halal and haram, Volume twelve, Qom: Al-Manar Institute. (In arabic)
    • Safaei, Seyed Hossein; Orak Bakhtiyari, Hassan Ali (2014). “The basis of the liability of the car accident insurer in comparison with English law”, Comparative Law Journal, 10(101), 67-88. (In Persian)
    • Samadi, Saeid; Nazifi, Minoo; Abbaspour, Sahar (2011). “Study of factors affecting on country road accidents, an approach from the neural network”, Journal of Management and Traffic Studies, 23, 69-86. (In Persian)
    • Savadkoohi, Sam; Haji Jafari, Hassan (2020). “Jurisprudential - Legal basics and the limits of the Physical Injury Insurance Fund’s commitments”, Legal research Journal, 19(44), 179-211. (In Persian)
    • Seyfollahi, seyfollah; Nemati, Farideh (2012). Social Factors Affecting the Occurrence of Traffic Accidents in Tehran (Case Study: Fatal Accidents, Spring 2011), Journal of Social Development Studies of Iran, 4(14), 113-129. (In Persian)
    • Tabatabaei, Seyed Hossein (2011). “The role of standardization of car safety equipment in accidents”, Journal of Mechanical and Mechanical Engineering, 2(4), 1-10. (In Persian)
    • Tahan Nazif, Hadi; Hadizadeh, Ali (2018). “The nature of development program rules in the Iranian legal system”. Knowledge of public law Journal, 7(21), 103-126. (In Persian)
    • Weitzel, Tim (2004). Economics of Standards in Information Networks, Frankfurt: Physica Heidelberg.
    • Wendler, Michael; Tremml, Bernd; Buecker, Bernard John (2006). Key Aspects of German Business Law: A Practical Manua, Germany: Springer.

     

     

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  • Receive Date 07 December 2021
  • Revise Date 27 June 2022
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