The ignorance of the driver of a vehicle about the laws and procedures followed, in which insurance companies are involved in bearing the additional costs of moral and moral damages resulting from serious traffic accidents, caused him to pay financial compensation alone, amounting to 600 thousand dirhams.
The young man made a serious mistake in that he did not resort to submitting a complaint to the insurance authority obligating it to pay other compensation to the complainant, until after the initial judgment was issued in the lawsuit filed by the complainant, as he did not file the complaint until after he filed the lawsuit and reached the appeal and thus the driver is The text of Article 110 bis of Law No. 3 of 2018 amending some provisions of Federal Law No. 06 of 2007 regarding the establishment of the Insurance Authority and the organization of its work, which stipulates that lawsuits arising from disputes arising from insurance contracts, works and services are not accepted if those disputes are not submitted to the Committees formed in accordance with the provisions of Clause 2 of the aforementioned Article.
In detail, a man filed a lawsuit before the Al Ain Court of First Instance, demanding that the driver of a vehicle pay him a compensation of one million dirhams for moral and moral damages and injuries incurred by him as a result of a traffic accident caused by the defendant while driving a vehicle recklessly on the public road.
Explaining his claim, he said that he had an accident caused by the vehicle that the defendant was driving, and the accident resulted in bodily damage that led to his inability to work, and the defendant was convicted of that incident.
After that, the complainant filed a lawsuit for the purpose of signing a medical examination on him and determining the percentage of disability as a result of the accident. It was established from the forensic doctor’s report that the complainant had left injuries represented by fractures of the skull, blood pooling outside and bleeding into the core of the brain, which necessitated a surgical opening in one location of the skull to empty and remove Blood pooling and bone grafting, which is considered a permanent disability, estimated at 25% of the total capacity of the bones of the skull, in addition to hemorrhagic bruises that resulted in poor ability to focus with headache and dizziness, which is considered a permanent disability estimated at 10% of the total capacity of the brain, and seizures Intermittent epilepsy, which is considered a permanent disability, is estimated to be 20% of the total brain capacity.
The report indicated that his total delayed disability as a result of a brain injury is 60% of his total capacity, which prompted him to file this lawsuit to claim compensation for those injuries. A copy of the accident report, and a copy of the forensic report.
After deliberating the case before the Civil First Instance Chamber, the court issued its ruling, obligating the defendant to pay the complainant an amount of 300,000 dirhams, and the delayed interest on this amount at 5% annually from the date of the judgment becoming final until full payment, provided that it does not exceed the original debt, and the expenses The case, and not accepting the entry of the insurance company, for not following the steps and the path drawn by the legislator.
The complainant appealed the ruling of the Court of First Instance before the Court of Appeal, through his lawyer, who explained that the compensation that the Court of First Instance had awarded was not commensurate with the amount of damages inflicted on the aggrieved person, physical, material and moral, given the injuries included in the forensic report and what the victim suffered and what he will suffer from in the future. The ruling issued by the Court of First Instance was not correct in assessing the appropriate compensation for the amount of damages and requested an increase in the value of compensation to the amount of one million dirhams.
Since this court was not accepted by the defendant, he appealed, submitting a memorandum requesting the entry of the insurance company, and enclosing a copy of the insurance policy, and a copy of correspondence with the insurance company to pay the amount decided in the present case.
The insurance company commented that the defendant did not resort to submitting a complaint to the Insurance Authority until after the initial judgment was issued in the lawsuit filed by the complainant.
In its ruling, the court said that the defendant submitted an application for admission without providing evidence of resorting to the committee formed in this regard, which is in violation of the provisions of the law, given that the injured party has the right to file a lawsuit against the cause of the accident alone, without the company insuring the vehicle and the accident tool. The injured party is alone with the option to file a lawsuit against the culprit with the company insuring the vehicle, the accident instrument, or against one of them only, and then the application for entry remains in its place freely by non-acceptance.
As for the request for an increase in compensation, the court indicated that the law granted the plaintiff to appeal the compensation rulings and provide what allows him to increase its value, and thus the court answers the complainant's request.
Accordingly, the court decided, to amend the judgment of the court of first instance, to raise the awarded compensation to an amount of 600,000 dirhams, and to reject the defendant’s request to enter the insurance company, and to obligate the defendant to pay fees.
Read also :