Document Type : Original Research Paper
Authors
1 Department of Private Law, University of Judicial Sciences, Tehran, Iran
2 Department of Private Law, Khwarazmi University, Tehran, Iran
Abstract
Purpose: This article aims to explain the responsibility of the insurer against the driver who caused the accident, which is foreseen in the compulsory insurance law of 2015. Therefore, the concept, basics and territory of the insurer's responsibility should be examined in this field.
Analytical method
Findings: The liability of the insurer against the driver who caused the accident is one of the issues that was considered necessary to be legislated in the insurance law, and our legislator tried to legislate it in the mandatory motor vehicle insurance law of 2015. In this case, the legislator must create a balance between the interests of the insurer and the insured, and for this reason, the beneficiary of the insurance is less protected in these cases. Therefore, with this approach, the scope of the insurer's responsibility has been explained in this field.
Conclusion: The liability insurance of the driver who caused the accident used to exist in an optional form and he was not protected. In the law approved in 2015, the legislator, in addition to making it mandatory to obtain this insurance policy, also stated other conditions and rulings. In this case, the scope of the insurer's responsibility is more limited than the responsibility against the third party, but it is also responsible for the bodily and life damages caused by the authority of Cairo. The insurance company is responsible for compensating the driver in the event of increased physical damages and damages after the end of the contract. Payment of damages within the deadline requires the request of the beneficiary and it starts from the finality of the court ruling or the agreement of the parties, and at the end, suggestions are also presented.
Keywords
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