Legal exemption to ensure vehicle insurance contract

Abstract

The main objective of the insurance contract is to provide the necessary protection to the insured, due to the consequences of the occurrence of the insured risk, and this through the obligation of the insurance company to guarantee it and compensate him for damage resulting from this risk by compensating the injured person, whether the person injured by the accident is the insured himself or a third party, but there are cases contrary to public order and public morals , or in which the insured person intentionally realizes the danger, When these cases are available, he will release the insurance company from its obligation to indemnify and thus deprive the insured of his right to the guarantee, and he will bear the consequences of the risk, especially if the third party is the one who is injured, The Algerian legislator, during the establishment of the compulsory
automobile insurance system, sought to provide insurance coverage to the injured party and to attempt to protect despite
availability legal cases which exempt the insurance company from the guarantee and withdraw it therefrom, Consequently, the Algerian legislator has found a way out, which is to allow the injured party to have recourse, in the event of noncompensation by the company insurance company or by the official, to claim compensation from the automobile insurance fund which has been set up for this.