Basic Principles of Insurance and its Consequences on Intention to Cause Damage

The present study has examined the damages and their place and effect on the insurance situation according to the Compulsory Insurance Law for Damages Caused to Third Parties Due to Accidents Caused by Vehicles. According to Article 15 of the aforementioned law, the insurer is obliged to pay the damages to the injured party without receiving any guarantee or condition, and after that, he can refer to the injured party's representative through the legal authorities to receive all or part of the paid funds by proving the intentionality of the perpetrator in causing the accident before the judicial authorities to the person who caused the damage. In Article 17 of the aforementioned law, these damages are also excluded from the scope of insurance by proving the intention of the injured party to cause harm to himself and proving any form of collusion and deception before the judicial authorities. In the aforementioned law, the criminal penalty for anyone who receives a sum of money for damages by creating fraudulent acts such as creating a fake scene of an accident, replacing a vehicle, or causing intentional damage is sentenced to six-degree imprisonment and a fine equal to twice the amount received. Criminal punishment has also been considered for committing the crime stipulated in this article in the Islamic Penal Code. The results of the present study, which was conducted using a descriptive-analytical method, indicate that when the injured party turns to the insurer and receives his compensation, his right of recourse against the cause of the loss is transferred to the insurer if the intention is proven in the courts, and the insurer turns to the injured party's representative against the cause of the loss.