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The compulsory insurance law and fair compensation without consideration of gender

Khalaf Karimipour

Department of Law, Persian Gulf International Branch, Islamic Azad University, Khoramshahr, Iran

Key words: Tortuous Liability, Strict Liability, Third Party, Legal Basis, Contractual Basis, Motor Vehicles.


shutterstock_124535932Motor vehicles are considered as one of the greatest technological achievements. Having too many benefits, these vehicles also sometimes cause severe bodily injuries and property damages to individuals-who are technically called Third Parties. Gradually, these damages increased significantly in quality. In the past, the reliance of rules on the traditional basis of tort liability required injured parties to demonstrate the fault of the driver. However, there was possibility the victim of an automobile accident would not be able to prove the fault of the tortfeasor and consequently could not claim for compensation. Therefore, new rules were ratified in order to provide injured party with quick and efficient compensation. Strict liability has been recognized by legislator, according to which drivers are responsible in any accident even though the fault cannot be attributed. Motor vehicles’ owners are also required to refer to a legal insurer company in order to insure their responsibility.

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