insurance companies to cover the injuries of others in traffic accidents
insurance companies to cover the injuries of others in traffic accidents The legislator obliged the motor vehicle owners in UAE to insure their vehicles WhatsApp: +971555570005
The legal obligation of insurance companies to cover the injuries of others in traffic accidents
The legislator obliged the motor vehicle owners in UAE to insure their vehicles against accidents for the benefit of the third party affected by these accidents, which is known as “mandatory insurance”, this is clarified by the article (26) of the UAE traffic law amended by law No.12 of 2007 which reads as follow :
“The licensing of any motor vehicle or the renewal of its license shall be on condition of insuring it at least against third parties , in accordance with the provisions of this law “ .
It should be noted that the legislator linked between licensing the motor vehicle and insuring the motor vehicle for the benefit of others, and as a result the victim of traffic accident has the right to refer directly to the insurance company that insured the motor vehicle which caused the accident and demand compensation for the physical injuries or damage caused by the accident .this is also stated in article (26) which reads as follow :
“Any person afflicted with bodily harm caused by the use of a vehicle may resort directly to the insurance company for compensation”.
According to what stated above the person affected by the traffic accident has a subjective right by law that provide him with status and interest to file his claim against the company that insured the vehicle that caused the accident and demand compensation for his physical injuries and material damage, as confirmed by the decision of Dubai supreme court on 08/06/2011 In appeal no 90/2011 civil appeal which stated:
“The legislator has adopted the system of compulsory insurance for motor vehicles including cars, for the benefit of others so that those accident-affected persons have a subjective right by the insurer derived from the law, which they receive for the damage they have suffered”
The court order of the Supreme Court confirms the victim’s subjective right to refer to the vehicle’s insurance company for compensation, as the insurance company is responsible in accordance with the law for compensating the victim for damages and injuries. Which was also confirmed by Dubai Supreme Court on 20/12/1997 in appeal no 169/1997 which stated:
“It’s decided that the physical damage resulting from traffic accidents like wounds, fractures and other injuries to the victim’s body is a physical damage worth compensation, whether the injured is minor or an adult on condition of the damage is a direct result of the driver’s fault .”
The conclusion is the legislator of the UAE has taken care of the traffic laws to protect and ensure the safety of the people. The driver of the motor vehicle causing the traffic accident may not have a financial coverage to compensate those affected by the it. So the legislator obliged the owners of the motor vehicles to insure their vehicles for the benefit of others , so that the victim has a direct claim against the insurance company insured the vehicle which caused the traffic accident .
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE