Critical survey of Subrogation action on Compulsory Insurance of Accidents caused by Vehicles

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GHESMATI TABRIZI ALI; Tajour Safa

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH) Year:2019 | Volume:34 | Issue:2 (134) Page(s): 104-121

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Information Journal Paper

Title

Critical survey of Subrogation action on Compulsory Insurance of Accidents caused by Vehicles

Author(s)

GHESMATI TABRIZI ALI | Tajour Safa | Issue Writer Certificate

Keywords

Compulsory InsuranceQ1

Physical injuries Compensation fundQ1

Subrogation actionQ1

SubstitutionQ1

CompensationQ1

Abstract

Objective: This paper is intended to explain the status of the Iranian insurance law and its mutations in subrogation. Hence, we illustrate the problems facing insurance companies and the Compensation fund/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Physical injuries Compensation fund in the absence of that sound application of claim subrogation. Methodology: The present study is a comparative study compiled using the library method and referencing legal texts and related resources. Findings: In the absence of full and prompt subrogation recovery of damages from negligent third party, subrogation cannot be fully functional. In addition, in this circumstances, it is neither financially nor economically useful for insurance companies. Furthermore, despite recognizing the subrogation by legislator, it is not supported and guaranteed by a practical solution. Conclusion: Subrogation should not be completely removed, but some reforms, such as modifying the succession method, administrative subrogation and non-judicial remedies can reduce the costs and transfere the desired functions to the institutions that are most appropriate for this purpose.

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APA: Copy

GHESMATI TABRIZI, ALI, & Tajour, Safa. (2019). Critical survey of Subrogation action on Compulsory Insurance of Accidents caused by Vehicles. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), 34(2 (134) ), 104-121. SID. https://sid.ir/paper/408563/en

Vancouver: Copy

GHESMATI TABRIZI ALI, Tajour Safa. Critical survey of Subrogation action on Compulsory Insurance of Accidents caused by Vehicles. IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH)[Internet]. 2019;34(2 (134) ):104-121. Available from: https://sid.ir/paper/408563/en

IEEE: Copy

ALI GHESMATI TABRIZI, and Safa Tajour, “Critical survey of Subrogation action on Compulsory Insurance of Accidents caused by Vehicles,” IRANIAN JOURNAL OF INSURANCE RESEARCH (SANAAT-E-BIMEH), vol. 34, no. 2 (134) , pp. 104–121, 2019, [Online]. Available: https://sid.ir/paper/408563/en

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