Document Type : Original Research Paper

Author

• I. Ghasemi Gardeh

Department of International Trade Law, Islamic Azad University, Damghan Branch, Iran

Abstract

Demanding compensation from insurance companies for the victims of driving accidents by the culprits of the accident is one of the insurance claims that are raised in the courts based on the insurance policy and the third party insurance law. Considering the protective aspect of the third party insurance law, the culprits believe that the scope of protection of this law includes any legal disputes arising from driving accidents and regardless of the rules of civil liability, the rule of action and other related grounds, the heirs of the guilty party are entitled to claim damages from the insurer. Are. On the other hand, in the opinion of insurers, although the basis of the third party insurance law is based on public interest, but considering the direct purpose of this law, which is to protect third parties, and considering the contractual aspect of third party insurance and the system governing civil liability, it should be considered Due to the impossibility of claiming by the culprit of the accident. Each of the parties is trying to defend their position by resorting to the contractual and legal aspects of third party insurance. This article, while reviewing the opinions, tries to measure the conformity and contradiction of each with the legal rules and social interests.

Keywords

• Third Party Motor Insurance
• Blood money
• Confusion
• Responsibility
• Culprit