A legal and an insurance expert confirmed their right to compensation from the insuring company
Insurance exemptions do not nullify the rights of traffic accident victims
The insurance company is obligated to compensate for any material or bodily damages suffered by the person affected by the accident.
Archives
picture
A legal expert and insurance specialist has confirmed the right of victims of traffic accidents to obtain compensation from the company that insures the car that caused the accident, regardless of the type of insurance, and the exceptions included in the unified insurance policy, such as driving the driver who caused it under the influence of alcohol or psychotropic substances, or driving it from Before someone who is under age, or does not possess a driver's license.
And they said - in response to questions on social media, which confirmed the existence of a confusion in the understanding of the law - that insurance companies have no right to disavow the compulsory coverage, even in the event of the offending driver’s default or death, explaining that the general legal principle established in the country establishes the right to compensation from the company. The insured person for the car that caused the accident, regardless of the condition of its driver, and the heirs of the deceased have the right to legally refer to the insurance company for compensation, according to the type of accident and the damages left over from him.
And they refused to confuse the right of the insured with the injured person, explaining that the insured who caused the accident under exceptional circumstances, such as driving under the influence of alcohol or without a license, is not entitled to compensation, but the injured person has an inherent right to receive compensation from the insurance company.
In detail, widespread controversy has spread on social media, finally, about the right of the insurance company to refrain from paying its obligations to the insured in the event of traffic accidents on the vehicles covered by the insurance, if the accident is subject to one of the exemptions specified in the unified insurance policy.
The controversy began when a person saw that the insurance company has the right to remain neutral if the driver of the vehicle caused the accident while he was under the influence of alcohol or drugs.
He added that «the driver must bear the full responsibility for his recklessness, and if death occurs or financial losses occur on the opposite side, he must pay the blood money or the required financial compensation, and the insurance company has no income in this case.
Another responded, asking who would pay the blood money or compensation if the driver who caused the accident died.
The comments and opinions received within this framework revealed the prevalence of confusion about liability for insurance in cases of exception, which required returning to a legal expert and insurance specialist to uncover the confusion.
A first advisor, Wajih Amin Abdulaziz, said that the other party in car accidents (the injured party) has a direct self-right towards the company insuring the car that caused the accident, which entitles him to claim compensation for the material and moral damages he suffered in the event of injury or death.
He added that the exceptions mentioned in the insurance policy are not valid in the face of the affected person, as he is from a third party, but are limited to both parties, because the Emirati legislator has established a system of compulsory insurance on vehicles for the benefit of the injured party, which makes the latter a self-right that provides him with the capacity and interest in filing his lawsuit against the company. The insured against the vehicle that caused the accident, and its claim for compensation for the damages sustained, without the insured company having the right to protest against the injured on the exceptional conditions contained in the insurance policy.
And Abdulaziz continued: “Whatever the causes of the accident, the insurance company is responsible for compensating the injured or the heirs of the deceased as they are from third parties, and the company has the right later to return to the driver of the car in what it paid in compensation, pursuant to the provisions of Article 1030 of the Civil Transactions Law, and in the case of death. It has the right to refer to the heirs of the deceased who caused the accident within the limits of what was left to them of his estate, without their personal money, indicating the right of the insurance company to claim the exceptions contained in the unified document.
He stated that the criminal case lapses in the event of the death of the perpetrator (the driver of the car) in the accident, and then the heirs of the victim have the right to demand the insurance company to collect the value of the legal blood money due to them legally, without compensation for the material and moral damages due to them personally.
For his part, the Chairman of the Automobile Committee at the Emirates Insurance Association, Issam Maslamani, said that the damages to the insured vehicle under the terms and conditions of the unified insurance policy issued under the vehicle insurance policy standardization are subject to specific conditions and exceptions in the contract, including that driving the vehicle under The effect of drugs or alcoholic beverages, or drugs that affect the driver’s ability to control the vehicle, is a clear exception to depriving the insured of compensation under the contract, if this is proven by the competent authorities, or by the recognition of the vehicle driver.
He added that with regard to the right of others who are harmed by driving the vehicle under the influence of drugs or alcoholic beverages, the insurance company contracting with the offending party must commit to the necessary compensation for any material or physical damages under the limits of the insurance contract (including deaths as a result of the accident) Noting that the insurance company has the right to accrue to the insured the value of the compensation it paid to the third party (the affected party or party).
Compensation for the heirs of the deceased
A senior advisor, Wajih Amin Abdulaziz, confirmed that compensation, whether material or moral, is owed to the heirs as a result of what befell them from the death of their inheritor, pursuant to the provisions of the Civil Transactions Law, explaining that the insurance company insuring the car is committed to the amount of blood money that is ruled in the criminal case against the driver Whoever caused the death of the victim, because the company has the capacity of compensation owed to the heirs of the deceased, even if the blood money was originally a penalty that must be eliminated from the perpetrator.
He pointed out that the law permitted the insuring company to litigate without the need for the insured, the perpetrator of the accident, to litigate in the compensation lawsuit, because the victim’s lawsuit against the insured is based on tort, and his claim against the car insuring company is based on the provisions of the law that authorized him to claim compensation For any damages sustained by him, regardless of the type of insurance, comprehensive or against others.
Follow our latest local and sports news, and the latest political and economic developments via Google news