Assessing the financing of the driver compensation system in the light of the Compulsory Insurance Law approved in 2016

دانشنامه حقوق اقتصادی

Volume 29, Issue 21, August 2022, Pages 423-448   

Document Type: Scientific research

DOI: 10.22067/economlaw.2022.74059.1116

Author

Hamid Afkar^*

PhD in Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad

Abstract

Objective: The foundation of the driver compensation system has been established in legal systems based on logical, social and economic interests. On the other hand, paying attention to the legal security and financial resources of the insurer and the bodily injury indemnity fund shakes the foundations of the idea of absolute protection of the victims of traffic accidents. Exaggeration in identifying the responsibility of these two social institutions in relation to compensating the driver who caused the accident will weaken the efficiency of the insurance industry and reduce public resources. Identifying the liability of the insurer and the bodily injury indemnity fund in the driver compensation system for damages before and after the adoption of the new insurance law requires reviewing the law, legal and economic foundations in order to achieve the goal of protecting the victims of traffic accidents and taking into account the social and financial interests of the insurer and the fund, to provide an effective interpretation of the idea of compensating the driver who caused the accident.
Methodology: The method used in this research is descriptive-analytical.
Findings: Law and legal justifications in the new insurance law indicate the obligation of the insurer and the insured to conclude a driver accident insurance contract. Although driver accident insurance is independent of third party insurance, the violation of the legal duty in issuing driver accident insurance by the insurer imposes a mandatory imposition of legal obligations on the insurer. Utilizing the foundations of the social welfare system or considering the fault of society as the broadest organization, justifies the responsibility of the government and society to the driver who caused the accident without insurance, and the bodily injury indemnity fund as an alternative to insurance is the most effective source of compensation. It does not make sense to extend the liability of the fund and the insurer to the uninsured driver for damages before the adoption of the new insurance law, and the resources of these two institutions are severely lacking.
Conclusion: Law and legal basis justifying the liability of the insurer and the fund According to the new law, does not include the past bodily injuries of the driver who does not have accident insurance and in addition, the lack of economic efficiency and rational justification excludes the insurer and the fund from the resources of the driver compensation system causing the accident. Keywords: The driver who caused the accident, Driver Accident Insurance, Insurer, Bodily injury indemnity fund.

Keywords

The driver who caused the accident; Driver Accident Insurance; Insurer; Bodily injury indemnity fund

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