Cause the death of one person, injury to another and damage to a vehicle
Obliging a driver to pay an insurance company of AED 496,000
The Abu Dhabi Court of First Instance ordered a driver to pay 496,429 dirhams to the insurance company whose car is insured, as compensation for the compensation it incurred for those affected due to the defendant’s mistake for driving an insured vehicle with the plaintiff company under the influence of alcohol, and his causing an accident that resulted in the death of a person, injury to another and damage Vehicle.
The details of the case relate to an insurance company instituting a lawsuit demanding that the defendant pay it an amount of 524 thousand and 429 dirhams, obliging him to pay 12% from the date of the claim until full payment, and obligating him to pay the expenses, fees and enforcement on the basis that he caused an accident while he was under the influence of alcoholic drinks, which resulted in him. The death of one person and the injury of another, and that it paid the amount claimed to the company that owns the car affected by the accident, amounting to 28 thousand dirhams, as well as an amount for the injured person of 372 thousand and 910 dirhams, in addition to 123 thousand and 519 dirhams to the heirs of the deceased.
The Abu Dhabi Court of First Instance has delegated the forensic doctor in the Judicial Department to review the case file and its documents and reports, as well as to review the criminal case file and its accident and medical reports, and what the litigants submit to indicate whether the main cause of the accident was the defendant’s driving the vehicle that caused the The accident was under the influence of alcohol or not, while the coroner's report indicated that the cause of the accident was the defendant's driving the car under the influence of alcohol.
The court clarified in its ruling that the right of the insurance company to replace the insured is to claim the compensation it paid to the insured by the third party responsible for the compensation it paid to the insured, in accordance with the first clause of Chapter Five of the unified insurance policy against loss, damage and civil liability, from which it is understood that he has The company is permitted to return to the insured or the vehicle driver, or both, according to the circumstances, for the amount of compensation it has paid in case the insured driver was under the influence of alcohol, and the direct cause of the accident was his drinking alcohol.
The court ruled to oblige the defendant to pay the insurance company an amount of 496 thousand and 429 dirhams, and obligated him to pay fees and expenses of the case and in return for attorneys' fees, and rejected all other requests.
The court obligated the driver to pay fees and expenses of the case and attorney fees.