Law Office ofAli Barakat
Traffic, Vehicle Accidents and Compulsory Insurance

Owner, Driver and Insurer Liability

In briefAn injured person has a direct right against the insurer under article 14 of the Compulsory Motor Insurance Law, and recovery cases cannot be raised against him. The insured is the owner recorded in the traffic register. The insurer recovers from driver or owner in set cases, and an employer answers for its driver under article 219 of the Civil Code.

A single accident can involve several people who may be liable: the driver at the wheel, the owner in whose name the car is registered, the employer the driver works for, and the insurer. The injured person needs to know whom to claim from, and each of the others needs to know the limits of his own exposure. The office of Ali Barakat in al-Yarmouk, Baghdad, explains how liability is shared.

The insurer first

Article 14 of Compulsory Motor Insurance Law No. 52 of 1980 gives the injured person a direct right against the insurer, so there is no need to wait for the driver or owner to pay. That right covers death and bodily injury regardless of fault under article 2. See Compulsory motor insurance and traffic compensation.

Who the insured is

Article 3 defines the insured as the owner whose name is recorded in the traffic register or other official records, and anyone in whose name a car enters Iraq. This links to article 10 of Traffic Law No. 8 of 2019, under which a vehicle sale is concluded only on registration. Someone who sold a car on an outside contract and never completed the transfer stays on the register and may find himself drawn into an accident he had nothing to do with.

Recovery by the insurer

Article 8 lists cases where the insurer may recover what it paid and says from whom. For deliberate harm it recovers from the driver; for a stolen or seized car, from the thief or the person who seized it. For a driver unlicensed for that class or with a withdrawn licence, a driver who had lost a licensing condition, alcohol or drug impairment, use outside the registered purpose, excess passengers or load, or driving an unroadworthy vehicle, it recovers from the insured and the driver jointly. Article 7 lets the insurer hold back payment in these cases unless the injured person gives an acceptable guarantee, but requires it to bring the recovery action within sixty days of the compensation committee's decision becoming final, failing which payment is released.

Not against the injured person

Article 14 also bars raising the article 8 cases against the injured person. Whether the driver was unlicensed or drunk is a matter between the insurer on one side and the driver and owner on the other; it does not reduce the victim's right.

Employer liability

Article 219 of Civil Code No. 40 of 1951 makes the government, municipalities, public service bodies and anyone running an industrial or commercial enterprise liable for harm caused by their employees through wrongful acts in the course of service. The employer escapes if it proves it took due care or that the harm would have happened anyway. Article 220 lets it recover from the driver what it paid. For state vehicles see Heavy machinery and government vehicle accidents.

Who controls the car

Article 231 makes whoever controls mechanical equipment liable for the harm it causes unless sufficient precautions are shown. The practical question is whose hands the car was in at the time. The liable person may be a borrower or hirer rather than the registered owner, and the court looks at the facts.

Hit-and-run cars

If the car is never identified, article 9 of the insurance law still obliges the insurer to compensate death or bodily injury on its conditions, including police registration within seven days. If the car is identified later, the insurer recovers from its driver unless he proves he did not know of the accident.

Owner arrangements with the injured person

Article 6 bars the insured from offering or accepting any compensation arrangement without the insurer's written consent, and such an arrangement does not bind the insurer without it. An owner who pays the injured person directly may not get that money back.

Penalty for the owner

Article 33 of the Traffic Law punishes an owner or holder who lets an unlicensed person drive, and article 9 forbids it outright. An owner who hands the car to an unlicensed son faces both the penalty and insurance recovery.

Legal basis and sources

  1. Civil Code No. 40 of 1951 (Official Gazette No. 3015 of 8/9/1951) — Articles 219, 220 and 231
  2. Compulsory Insurance against Motor Vehicle Accidents Law No. 52 of 1980 (Official Gazette No. 2766 of 31/3/1980) — Articles 2, 3, 6, 7, 8, 9 and 14
  3. Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 9, 10 and 33

Frequently asked questions

Should I claim from the insurer or the driver?

The injured person has a direct right against the insurer under article 14, and may claim from whoever is civilly responsible for anything beyond that.

I sold my car on an outside contract. Am I liable for the buyer's accident?

You remain the insured while the sale is unregistered, since article 10 of the Traffic Law concludes a sale only on registration.

Can the insurer refuse because the driver was unlicensed?

That cannot be raised against the injured person, but the insurer recovers from the insured and the driver jointly under article 8.

Always check the text in force and its amendments in the official source.

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