رجوع المؤمِن على المؤمَن له دون خطأ شخصي منه في تأمين المركبات دراسة في القانون الأردني

Abstract

In this study, we attempted to identify the cases in which the insurer refers to the insured as stated in article(16), paragraph (a) of the system of compulsory vehicle insurance No. (12) of 2010 and identify the cases in which the insured may have no role in the occurrence of the accident, which means the lack of causal relationship in the occurrence of the accident and that the caused damage isnot attributed to personal fault. The study addressed three topics, where the first topic is related to the nature of reference right, its cases, effects and legitimacy. The results revealed that the insured could be responsible for the actions of others, and he won't be asked for compensation according to the system of compulsory vehicle insurancein case the rules of civil law were applicable, and the current law didn't give the insured the right to refer to the driver who caused the accident if he was forced to pay the amount of compensation. This situation resulted in more illegitimacy for some reference cases.

The study recommended the necessity of urging the Jordanian legislator to identify the insured right to refer to the one who caused the accident by law based on the rules of the civil law represented by the responsibility for the harmful act, either as an owner or a driver.