Document Type : Original Research Paper
Authors
Department of Private Law, Mazandaran University, Mazandaran, Iran
Abstract
According to Article 3 of the Compulsory Insurance Law approved in 2015, the owner of the vehicle is obliged to obtain accident insurance to cover the bodily damages caused to the driver who caused the accident, at least in the amount of a Muslim man's money in the non-haram month, so that in case of bodily damage due to accidents caused by vehicles The vehicle, damages to the driver should be compensated. Despite the duty of the legislator, the owner of the vehicle may not have an insurance policy due to the refusal to conclude or renew the accident insurance contract or its cancellation, or that despite obtaining accident insurance, the insurance company, due to reasons such as license suspension or cancellation or suspension and bankruptcy, is unable to does not have to pay damages to the victim (culprit of the accident). Now, if these damages are not paid for the above reasons, does the driver who caused the accident have permission to refer to the bodily injury fund? The determination of the possibility or impossibility of referring to the fund is accompanied by the bases and reasons that have been examined and analyzed in this article, and the result is that in the event of the suspension and cancellation of the license or the suspension and bankruptcy of the relevant insurer, this right for the driver who caused the accident for There is a demand for physical damages from the fund.
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