Legal-ethical criticism of the third party insurance law from the perspective of preventive approaches with emphasis on the personalization of responsibility prevention. Third party insurance
Akhlāq-i zīstī,
Vol. 13 No. 38 (1402),
28 Khordad 2023
,
Page 1-15
https://doi.org/10.22037/bioeth.v13i38.39144
Abstract
Background and objective: One of the most important issues related to the safety and health of citizens in different societies is the reduction of traffic crimes. Insurance laws play an important role in adopting preventive strategies in this field. This article tries to examine and evaluate the approach of the third party insurance law in order to prevent traffic crimes in terms of the amount of attention paid to the driver's personality. Materials and methods: The present research is descriptive-analytical in terms of method, and in terms of data collection, it was done in a library manner. Ethical considerations: In all stages of this research, from the study of documents to scientific analysis, it has been tried to observe the principles of ethics in the research, and in the analysis and conclusions, based on the principle of value neutrality and leaving aside personal preferences. Findings: The third party insurance law takes preventive approaches in compliance with the moral principles of harm prevention and justice, through various means, including paying attention to the characteristics of the driver in issuing the insurance policy, establishing the ultimate responsibility for the culprit of the accident, discounting the insurance premium, training and Cultivation is assumed, but due to factors such as emphasis on issuing third-party insurance based on vehicle characteristics and the fact that insurance is compensation-oriented compared to its prevention-oriented nature, insufficient attention is paid to culture-building in the direction of prevention. The preference of the insurance company's responsibility in legal cases and the relative continuity of the effect of insurance coverage in the increase of traffic accidents still have shortcomings in the field of prevention. Conclusion: By emphasizing the personalization of responsibility and the centrality of the individual and his characteristics in insurance calculations, along with criminal and non-criminal preventive measures including the creation of a personal file, continuous education and training, and the correct and decisive implementation of laws, the preventive effect of the Personal Insurance Law The third will be fulfilled
- بیمه شخص ثالث
- حوادث رانندگی
- پیشگیریمحور
- شخصیسازی مسئولیت
How to Cite
References
Kashfi S. Prevention of Unintentional Driving Crimes with Emphasis on the Law of Compulsory Insurance for Damage to Third Parties Due to Vehicle Accidents. Quarterly Journal of Daneshe Entezami. 2018; 20(4): 169-198. [Persian]
Izanloo M. Critique and Analysis of the Compulsory Insurance Law Amendment Law. Law Quarterly Journal. 2008; 38(4): 37-56. [Persian]
Sharifi A, Fathollahi F. A Study of Effective Methods of Crime Prevention in the Field of Traffic Crimes (Violations). Journal of Daneshe Entezami Lorestan. 2019; 6(24): 128-179. [Persian]
Varvaei A, Fattahi A. Legislative Criminal Policy to Prevent Violations in Traffic Law. Journal of Traffic Management Studies. 2012; 1(24): 19-44. [Persian]
Chegini D, Hosseini ST, Javadian R, Kashfi SS, Beiranvand R. Determining the effectiveness of issuing third party insurance based on the characteristics of the driver in accident prevention. Rahvar Research Quarterly. 2019; 8(31): 57-84. [Persian]
Viski L, Decsényi J. Road traffic offenders and crime policy. Akadémiai Kiadó; 1982.
Faílde-Garrido JM, Rodríguez-Castro Y, González-Fernández A, García-Rodríguez MA. Traffic Crimes and risky driving: The role of personality and driving anger. Current Psychology. 2023; 42(14): 12281-12295.
Najafi TA. Criminology. 3rd ed. Tehran: Education Publications; 2005. p.53. [Persian]
Mir Khalili M. Prevention of delinquency in the view of Islamic criminal policy. Ph.D. Thesis. Tehran: Faculty of Law, University of Tehran; 2006. [Persian]
Varvaei A, Fatahi A, Yavari V. A Study of the Evolution of Iran's Legislative Policy in Controlling Driving Crimes and Violations. Rahvar Research Quarterly. 2015; 4(12): 125-144. [Persian]
Abbaslou B, Kashfi S. Developments in the law amending the law on compulsory civil liability insurance of motor vehicle owners against third parties. Traffic Management Studies Quarterly. 2019; 5(19): 45-57. [Persian]
Varvaei A, Fatahi A. The position of situational prevention in the law on investigating traffic violations approved in 2010. Rahvar Research Quarterly. 2016; 5(18): 119-144. [Persian]
Ayati A, Mahdavi kalishmi G, Mollashahi HF, Khajavi K. Use of Pay-At-The-Pump and Pay-As-You-Drive methods in determining car insurance premiums and tolls and its effect on traffic safety. Tehran: The 10th International Conference on Transportation and Traffic Engineering; 2019. [Persian]
Ahmadi KH. The most important innovation of the ‘Compulsory insurance law for damage caused to third parties as a result of accidents caused by vehicles approved in 1395’. Bime Research Journal. 2016; 32(3): 103-122. [Persian]
Safaeian M, Sabzi M, Hassanzadeh N, Azadeh B. Pathology of Third Party Insurance Law and Proposing Corrective Suggestions. Tazehaye Jahane Bimeh. 2011; 165: 15-28. [Persian]
Tavakoli M. The deputy official of the insurer of the injured party in claiming damages. Master's Thesis. Kerman: Shahid Bahonar University; 2012. [Persian]
Karimzadegan Moghadam D, Behravan M. Providing a solution for dynamic pricing in the insurance industry using data mining techniques (Case study: Third party insurance). Insurance Journal. 2014; 120: 1-20. [Persian]
Akhondi A. General Ethics; Basic Foundations of Peace and Social Hope. Panjereh Quarterly J. 2017; 1(24): 1-10. [Persian]
Ismaili A. Global Approach in Transportation and Traffic. Postgraduate Textbook, University of Law Enforcement, Faculty of Traffic Science and Technology; 2009. p.2. [Persian]
Woodall WG, Kunitz SJ, Zhao H, Wheeler DR, Westerberg V, Davis J. The prevention paradox, traffic safety and driving-while-intoxicated treatment. American Journal of Preventive Medicine. 2004; 27(2): 106-111.
Amini Khaneh Barq S, Naji Zawareh M, Agha Bajestani M. Personality file and its role in preventing traffic crimes and violations. Traffic Management Studies Quarterly. 2022; 63: 147-178. [Persian]
Dehghani A. The role and position of the insurance industry in reducing damages caused by driving accidents. Insurance Industry Quarterly. 2001; 16(1): 27-52. [Persian]
Asian Development Bank. Road Safety Management for the Asia and Pacific region. Translated by Ghorbani M, Nouri Amiri M. Tehran: Transportation Research Institute; 2006. p.67. [Persian]
- Abstract Viewed: 30 times
- PDF (فارسی) Downloaded: 19 times