POLICIES GOVERNING THE CONCURRENT APPLICATION OF SYSTEMS OF COMPENSATION (TORT LAW, PRIVATE INSURANCE AND SOCIAL SECURITY)

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BADINI H.

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Journal: PRIVATE LAW STUDIES Year:2008 | Volume:38 | Issue:2 Page(s): 39-68

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Information Journal Paper

Title

POLICIES GOVERNING THE CONCURRENT APPLICATION OF SYSTEMS OF COMPENSATION (TORT LAW, PRIVATE INSURANCE AND SOCIAL SECURITY)

Author(s)

BADINI H. | Issue Writer Certificate

Keywords

CULMINATIONQ3

DETERRENCEQ2

DOUBLE RECOVERYQ2

LOSS INSURANCEQ2

PERSONAL INSURANCEQ2

PRIVATE INSURANCEQ3

RECOUPMENTQ3

REDUCTIONQ3

SOCIAL SECURITYQ2

SUBROGATIONQ2

TORT LAWQ2

Abstract

Today more often than not a person tortiously injured may his losses partially or wholly met from outside sources other than tort recovery, mainly PRIVATE INSURANCE and SOCIAL SECURITY. The coexistence of such collateral sources of compensation, side by side with conventional tort liability, raises many questions as to their relation one to another. Are these various funds available to the injured person cumulatively, alternatively or in any particular order of priority? Should there be any loss sharing between the collateral fund and the tortfeasor? There are four basic policy solutions: 1- Election, that is, requiring the injured party to elect between the benefits available from PRIVATE INSURANCE or SOCIAL SECURITY and pursuing a remedy against a tortfeasor; 2- CULMINATION, that is, allowing the victim to benefit by retaining the collateral payments in addition to any damages received; 3-Reimbursement, that is, requiring the tortfeasor (or the victim) to reimburse the PRIVATE INSURANCE or SOCIAL SECURITY; 4- Relieving the tortfeasor by reducing the damages which would have been payable if the PRIVATE INSURANCE or SOCIAL SECURITY had not been there. The adoption of the above mentioned solutions depends on different aims and policies such as preventing DOUBLE RECOVERY, full compensation of the victim, DETERRENCE, efficiency, loss distribution, equity and so on. In this article, in addition to explaining different policies and solutions in different countries and legal systems, we have also studied Iran's legal system and have offered suggestions in this regard.

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APA: Copy

BADINI, H.. (2008). POLICIES GOVERNING THE CONCURRENT APPLICATION OF SYSTEMS OF COMPENSATION (TORT LAW, PRIVATE INSURANCE AND SOCIAL SECURITY). PRIVATE LAW STUDIES, 38(2), 39-68. SID. https://sid.ir/paper/124909/en

Vancouver: Copy

BADINI H.. POLICIES GOVERNING THE CONCURRENT APPLICATION OF SYSTEMS OF COMPENSATION (TORT LAW, PRIVATE INSURANCE AND SOCIAL SECURITY). PRIVATE LAW STUDIES[Internet]. 2008;38(2):39-68. Available from: https://sid.ir/paper/124909/en

IEEE: Copy

H. BADINI, “POLICIES GOVERNING THE CONCURRENT APPLICATION OF SYSTEMS OF COMPENSATION (TORT LAW, PRIVATE INSURANCE AND SOCIAL SECURITY),” PRIVATE LAW STUDIES, vol. 38, no. 2, pp. 39–68, 2008, [Online]. Available: https://sid.ir/paper/124909/en

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