خصوصية نظام تعويض الأضرار الجسمانية الناتجة عن حوادث المرور

Abstract EN

The compensation system for bodily damages resulting from traffic accidents provided for under Ordinance No.

74-15 of January 30, 1974, relating to compulsory motor insurance and the system of compensation for damages amended and supplemented by Law No.

88-31 of June 19 1985, is distinguished by a set of characteristics that made it It differs from the compensation prescribed in the general rules in several respects, the most important of which is in terms of the amount of compensation specified in the law on the basis of the percentage of disability that afflicts the injured, while we find that the estimation of compensation in the general rules is subject to the discretion of the judge.

The legislator also relied on the principle of equality in compensation for traffic accidents, and this principle is not applied in the general rules, in addition to the existence of the principle of solidarity in compensation for bodily damages resulting from traffic accidents that leads to the insurance company replacing the person responsible for the damage in paying compensation, and in In the event of an unknown accident, the Compensation Guarantee Fund is the one who assumes compensation for the damage.

This is what made the compensation system for bodily damages resulting from traffic accidents, with unique rules for compensation that differ from what is stipulated in the general rules.