نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The Compulsory Insurance Law for Damages Caused to Third Parties in Vehicle Accidents, approved in 2016, was enacted with the aim of protecting the victims and ensuring compensation for damages caused by traffic accidents. One of the issues worth considering in this context is the situation of bodily harm caused by the driver's intentional behavior; especially in the event that the driver intentionally injures or kills a third party with prior intent and using the vehicle. The main question of the present study is whether such behavior still falls within the scope of the Compulsory Third Party Insurance Law and whether the insurer is obligated to pay compensation and bodily harm to the injured party, or does the intentionality of the driver's behavior cause the event to fall outside the concept of "accident" and, as a result, the insurer's lack of obligation? The importance of this question is doubled in view of paragraph "A" of Article 15 of the Compulsory Insurance Law, approved in 2016. In this article, the legislator considers “proving the intentionality of the perpetrator in causing the accident before the judicial authorities” as one of the cases in which the insurer must pay the damage to the injured party and then refer to the person who caused the damage to recover all or part of the amounts paid. Therefore, contrary to the initial impression, the mere intentionality of the perpetrator’s behavior is not foreseen in the text of Article 15 as a reason for the immediate loss of insurance protection for a third party. The present study, by examining the provisions of the Compulsory Insurance Law, especially Articles 4, 15, 17 and 21, the Islamic Penal Code, judicial practice and related judicial sessions,
کلیدواژهها English