The basis of non-acceptance of the statute of limitations of the injured party's claim against the insurer in the compulsory insurance law approved in 2016

Afkar, H.; Khodabakhshi, A.

doi:10.22056/ijir.2022.04.02

Document Type : Original Research Paper

Authors

Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

https://doi.org/10.22056/ijir.2022.04.02

Abstract

FINDINGS: Although the removal of the statute of limitations for civil lawsuits from Iran's legal system, based on the theory of the Guardian Council, has been practically recognized, the arguments for the survival of the statute of limitations in some specific lawsuits, such as insurance lawsuits, are based on the general disregard of this institution and the current legal system has made it difficult. The current research proves that: acceptance of a two-year short period of time in insurance claims challenges the idea of protecting the victim and comprehensively guaranteeing the damages caused to him in the field of traffic accidents. Therefore, unconditional protection of the victim in compulsory liability insurance does not follow this field. The broader scope of compensation in insurance rights, compared to civil liability rights, has made it difficult to determine the time of payment of damages in insurance rights, despite the lack of limitation in civil liability rights. This issue violates the principle of complete compensation in insurance rights. Also, the direct recourse of the injured party to the insurer, in addition to the basis of the contract, is an independent and legal right, which is exclusive for a short period of time, against the requirements and protective conditions of the compulsory insurance law approved in 2016. In addition, the generality of Note 2 of Article 2 and the non-restriction of Article 4 of the Compulsory Insurance Law approved in 2016 also strengthen the idea of prohibiting the time limit for filing a lawsuit against the insurer.
CONCLUSION: The guarantee of compensation for traffic accident victims and the need to compensate all losses by means of insurance makes the short period of two years to file a lawsuit unreasonable. On the other hand, the legal bases follow the necessity of not accepting the time limit for insurance claims in the field of driving, and as the contractual time limit has been considered ineffective in this area, the two-year legal time limit cannot be supported. Compulsory insurance approved in 2016, which was established according to the interests of the society and to protect the victims of traffic accidents, the basis of the insurer's support over time, prohibits ways of compensating the vulnerability of the victim and establishes the basic and logical rights that establishes the correctness of this claim.

Keywords

Main Subjects

Insurance rights

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Iranian Journal of Insurance Research

The basis of non-acceptance of the statute of limitations of the injured party's claim against the insurer in the compulsory insurance law approved in 2016

References

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Letters to Editor

Send comment about this article

Volume 11, Issue 4 - Serial Number 42
October 2022
Pages 277-286

The basis of non-acceptance of the statute of limitations of the injured party's claim against the insurer in the compulsory insurance law approved in 2016

References

References

Letters to Editor

Send comment about this article

Volume 11, Issue 4 - Serial Number 42October 2022Pages 277-286

Volume 11, Issue 4 - Serial Number 42
October 2022
Pages 277-286