The Mechanism of Subrogation of the Insurer on Behalf of the Insured in Claim Based on Recovering Compensation Against the Driver Who Caused the Accident: Critique of Judgment Rendered by the Broojen Civil Court

Javar, Hosein

doi:10.22034/analysis.2026.2080788.1170

The Mechanism of Subrogation of the Insurer on Behalf of the Insured in Claim Based on Recovering Compensation Against the Driver Who Caused the Accident: Critique of Judgment Rendered by the Broojen Civil Court

Document Type : Original Article

Author

Hosein Javar

Associate Professor, Department of Private Law, Farabi Faculty of Law, University of Tehran, Qom, Iran.

10.22034/analysis.2026.2080788.1170

Abstract

When insurance companies are involved in compensation, it is essential to identify the ultimate responsible party and the manner to establish the liability (importance and necessity of the research) Here the question is that in such cases as where a carrier who has a commitment to safety (result) in delivering goods and, among other things, is responsible for the actions of the crew and the driver of the vehicle, if the insurance is of the property type, the carrier is insured and the insurer covers the damage incurred, under what conditions can the insurer refer to the driver who caused the accident to recover compensation. And can the explicit or implicit conditions of limitation of liability clause that exist in the relationship between the carrier and the driver be relied on in a recovery claim against the insurer or not? (Research issue). In this article, the author, by studying and criticizing the judgment rendered by the Second Branch of the Borujen Civil Court and by referring to the conditions of subrogation, the rules of civil liability and the law of claims, and by analyzing the case data (research method), has come to the conclusion that the insurer's succession from the injured party (in property insurance) is somewhat different from the insurer's succession on behalf of the carrier. And even if we consider the insured in Article 30 of the Insurance Act to mean the beneficiary of the insurance,and implicit or explicit limitation of liability clause or the carrier's failure to observe the real value of the goods regarding the insurer can be relied upon, by observing the conditions of subrogation, all the driver's defense tools against the carrier can also be raised against the claimant of the recovery lawsuit (the insurer in property insurance).

Keywords

Establishment of liability

a claim based on recovery of compensation

subrogation on behalf of the insured

driver causing the accident

carrier

liability arising from the act of another person

1- Ahmadi, Maryam; Badarzadeh, Akbar (2020). “A Comparative Study of the Principle of Insurer Subrogation in Iranian and French Insurance Law,” Journal of Economic Jurisprudential Studies, Vol. 2, No. 3, pp. 55–72. (in Persian)

2- Eshraghi Arani, Mojtaba (2023). “Liability of the Commercial Agent of Carriers toward the Owner of Goods: A Critique of the Unanimous Judgment No. 29 of the Supreme Court dated 27 December 1984,” Analysis of Judicial Decisions Joornal, Vol. 2, No.4. doi: 10.22034/analysis.2024.2007530.1035 (in Persian)

3- Eftekhare Jahromi, Ghodarz; Shahbazinia, Morteza (2004). “A Comparative Study of the Doctrine of Estoppel in English and American Law,” International Law Review, Vol. 21, No. 30, Spring and Summer 2004, pp. 5–73. (in Persian)

4- Amiran Bakhshayesh, Eisa; Barikloo, Alireza (2014). “The Concept of the Principle of Indemnity in Insurance Law,” Parliment and Strategy, Vol. 21, No. 80, pp. 169–193. (in Persian)

5- Izanloo, Mohsen (2011). “The Condition Contrary to Insurer Subrogation,” Private Law Studies, Vol. 4, No. 4, pp. 33–59. (in Persian)

6- Izanloo, Mohsen; Sheyd, Babak (2017). “Extension of Arbitration Agreements to Third Parties Based on the Theory of Estoppel,” The Judiciary Law Journal, Vol. 81, No. 100, pp. 35–52. (in Persian)

7- Babaei, Iraj (2021). Insurance Law. Tehran: Samt Publications. (in Persian)

8- Badini, Hassan; Shabani Kandesari, Hadi; Radparvar, Sajjad (2012). “Strict Liability: Foundations and Instances,” Comparative Law Review, Vol. 3, No. 1, pp. 19–36. (in Persian)

9- PourSeyed, Behzad; Aghadadashi, Rasoul (2017). “Similarities and Differences between the Rule of Estoppel and the Rules of Ghorur and Confession,” Bi-quarterly Journal of Legal Educations, Vol. 3, No. 2, pp. 97–126. (in Persian)

10- Jafari, Feyzollah (2009). “A Comparative Study of the Nature and Basis of Carrier Liability in International Conventions and Iranian Law,” Legal Research, Vol. 8, No. 15, pp. 57–82. (in Persian)

11- Khodabakhshi, Abdollah (2014). Insurance and Civil Liability Claims, Vol. 2. Tehran: Jangal Publications. (in Persian)

12- Khodabakhshi, Abdollah (2014). Arbitration Law and Related Claims in Judicial Practice. Tehran: Enteshar Company. (in Persian)

13- Safaei, Seyyed Hossein (2008). General Rules of Contracts. Tehran: Mizan Publications. (in Persian)

14- Safaei, Seyyed Hossein; Rahimi, Habibollah (2011). Civil Liability (Non-Contractual Obligations). Tehran: Samt Publications ]in Persian[.

15- Safaei, Seyyed Hossein; Rahimi, Habibollah (2020). Comparative Civil Liability. Tehran: Shahr-e Danesh Research and Study Institute of Law. (in Persian)

16- Adel, Morteza (2023). “International Air Cargo Carrier Liability: A Critique of Judicial Decisions,” Analysis of Judicial Decisions Joornal, Vol. 2, No. 4, pp. 284–304. Doi: 10.22034/analysis.2024.2007436.1036 (in Persian)

17- Esaei Tafreshi, Mohammad; Kamyar, Mohammad Reza (2001). “The Basis of Civil Liability of Carriers in the International Convention on Multimodal Transport of Goods and Its Comparison with Iranian Law,” Modares Humanities Quarterly]Comprative Law Research Quarterly [, Faculty of Humanities, Tarbiat Modares University, Vol. 5, No. 4, pp. 57–82. (in Persian)

18- Katouzian, Nasser (1997). Specific Contracts, Vol. 1. Tehran: Enteshar Joint Stock Company. (in Persian)

19- Katouzian, Nasser (2003). Non-Contractual Obligations: Quasi-Tort Liability. Tehran: University of Tehran Press ]in Persian[.

20- Katouzian, Nasser (2008). Specific Contracts, Vol. 1. Tehran: Enteshar Joint Stock Company. (in Persian)

21- Karimi, Ayat (1993). Property and Liability Insurance, Vol. 1. Tehran: Faculty of Economic Sciences. (in Persian)

22- Karimi, Ayat (2012). General Principles of Insurance. Tehran: Insurance Research Center. (in Persian)

23- , Emmanuel (1986). “The Rule of Estoppel or the Prohibition of Contradictory Conduct to the Detriment of Another,” translated and summarized by Nasser Sobhkhiz, International Law Review, No. 6, pp. 245–282. (in Persian)

24- Tusi, Muhammad ibn Hasan (1428 AH). Al-Khilaf. Qom: Islamic Publications Office of the Jameye Modarresin. (in Arabic )

25- Najafi, Mohammad Hassan (1425 AH). Jawahir al-Kalam, Vols. 31 and 40. Beirut: Dar Ihya’ al-Turath. (in Arabic )

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