Document Type : Research Paper
Authors
1 Private Law, University of Judicial Sciences
2 استاد دانشگاه گروه حقوق خصوصی دانشگاه علوم قضایی
Abstract
Abstract
With the increasing number of traffic accidents, distinguishing between victims and excluding the at-fault driver from legal protection appears illogical from the perspective of social and distributive justice. Accordingly, Paragraph (b) of Article 115 of the Fifth Five-Year Development Plan Act (2010) for the first time recognized and supported the insurance coverage of the at-fault driver. Subsequently, the Law on Compulsory Insurance of Civil Liability for Losses Caused to Third Parties by Motor Vehicles (2016) made driver accident insurance mandatory. The foundation of the compensation system for the at-fault driver rests on rational, social, and economic considerations. However, an overly broad or restrictive interpretation of the insurer’s liability toward the at-fault driver may disrupt legal certainty and financial balance within this protective framework, ultimately weakening the efficiency of the insurance industry. The main question of this paper is: what is the scope of the insurer’s liability for bodily injuries to the at-fault driver? Through an analysis of judicial precedents, the study concludes that the 2016 Compulsory Insurance Law aims to
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