You may be eligible to make a road traffic accident claim for compensation if you’ve been injured as a driver, passenger, or pedestrian.
a car hit me. The driver was drunk and I suffered several injuries in different parts of my body which forced me to not go to my work in addition to the damage to my belongings. am I eligible for claim compensation in” civil compensation case ” for a road traffic accident?
UAE law provides full protection for individual rights, especially the right to physical and financial security
What is my right in the compensation and who is responsible for this?
(Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)
How to Take Procedures?
filing civil compensation cases against the driver, car owner, and insurance company.
First: is the right to open a criminal case and file a civil case seeking temporary compensation before criminal courts against the driver for committing several crimes punished by UAE Penal Code.
- Drinking alcoholic drinks in circumstances other than those prescribed by law;
- Driving his/her car under the influence of alcohol;
- By his or her own fault, he/she compromises another body’s safety;
- By his or her own fault, he/she damages properties owned by another person;
B. The right to file a case for compensation for damages you suffered whether these damages are material or moral against the actor, the car owner, and the insurance company.
Because the fault is made by drivers under the influence of alcoholic drinks without consideration of driving circumstances. The driver could not keep to the approved route swerving suddenly which cause the accident. Because of this fault, the victim is inflicted with physical damage. The causal relation between the driver’s fault and the damage that occurred to vehicles and other damages is provided.
In this case, claiming compensation for a road traffic accident, you shall file it against:
1. The driver:
Pursuant to article (282) of Civil Transactions Law No. 5/1985 as follows:
(Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)
2. Insurance Company of the driver’s car:
Pursuant to article (26) of Law No.21 of 1995 Concerning Road Traffic as follows:
(The licensing of any motor vehicle or the renewal of its license shall be on the condition of insuring it at least against third parties, in accordance with the provisions of this Law.
It is necessary to recuse the insurance company as per the procedures stipulated by law.
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