Document Type : Original Research Paper
Authors
Department of Private Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
Abstract
BACKGROUND AND OBJECTIVES: According to prevailing opinion, compensation possesses a dual nature. Beyond its punitive aspect, it also has a legal characteristic, serving to compensate for the damage inflicted on the victim. However, the necessity of compensating for inflicted damage dictates that the fixed amount of compensation should be considered only as a minimum for material damages. If additional damage beyond this compensation is caused by the harmful act, the perpetrator is obliged to pay compensation exceeding the initial amount. Nevertheless, in examining the necessity of compensating for damages beyond the initial compensation, the Compulsory Insurance Law for Damages to Third Parties Resulting from Vehicle Accidents, enacted in 2016 (1395), has established a specific rule regarding the compensation of medical expenses in addition to the initial compensation. This specific legal provision has been overlooked in most research conducted in this field. This study aims to specifically examine the special legal ruling on compensating for damages exceeding the initial compensation in traffic accidents covered by the aforementioned law.
METHODS: The employed method is analytical-descriptive, utilizing library resources.
FINDINGS: In addressing the compensation for medical expenses related to damages caused by traffic accidents, the legislator has deviated from the theory of compensation as reparation. Instead, a ruling has been established that aligns the nature of compensation more closely with the theory of punishment. To examine the legislator’s stance and the correct interpretation of Article 35 of the Compulsory Insurance Law for Damages to Third Parties Resulting from Vehicle Accidents, it is essential to review the general rule regarding the claim for damages exceeding the compensation to the necessary extent.
CONCLUSION: According to the Compulsory Insurance Law of 2016 (1395), the injured party can claim the full amount of damages for medical expenses in addition to receiving the full compensation. However, it should be noted that the compensation paid for damages resulting from traffic accidents does not cover non-material damages. Nonetheless, based on general principles and the ruling stipulated in the second note of Article 14 of the Criminal Procedure Code of 2013 (1392), the injured party from traffic accidents cannot claim non-material damages in addition to the compensation.
Keywords
Main Subjects
)
Letters to Editor
Send comment about this article