Document Type : Original Research Paper
Authors
Department of Private Law, Faculty of Humanities, Semnan University, Semnan, Iran
Abstract
Purpose: The present article seeks to explain the state of Iran's insurance law and its developments in the field of proxy in traffic accidents, and taking into account the problems of insurance companies and the Bodily Damage Fund in recovery of damages, it shows that proxy in traffic accidents is not implemented in principle.
Methodology: The current research is a comparative study that was compiled using the library method and referring to legal texts and related sources.
Findings: Disadvantages and difficulties of subrogation in the "Compulsory insurance law for damages caused to third parties due to accidents caused by vehicles" make it possible to achieve the desired results of subrogation and the amount of recovery of damages is negligible. On the other hand, due to the lack of timely and complete recovery of damages, we cannot expect the ideal deterrence from the succession lawsuit in the mentioned incidents. Also, this lawsuit is not only not considered an effective source of financing for insurances and the bodily injury fund, but sometimes it also does not bring economic benefits. Despite the identification of the deputy official, the legislator has not considered an effective implementation guarantee for the recovery of damages.
Conclusion: Succession litigation should not be completely eliminated, but by reforming the vice-official method and arranging administrative succession and non-judicial measures, costs can be reduced and the fulfillment of the desired functions of succession can be left to institutions that are more suitable for this purpose.
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