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The insured risk liability in insurance according to the UAE Civil Code

The insured risk liability in insurance according to the UAE Civil Code
The injured person claim from the insurer to compensate danger that was concluded in the insurance contract that it is considers from the liability, (but not to establish the responsibility of the insurer), in fact, the claim of the injured party and the attain of the liability of the insurer are not necessarily inseparable. WhatsApp: +971555570005

The insured risk liability in insurance according to the UAE Civil Code


The injured person claim from the insurer to compensate danger that was concluded in the insurance contract that it is considers from the liability, (but not to establish the responsibility of the insurer), in fact, the claim of the injured party and the attain of the liability of the insurer are not necessarily inseparable. If the injured party request the compensation from the insurer and he hadn’t had the right in this claim, the risk is realized and the responsibility is not realized. and If the injured person fails to claim compensation from the insurer, the liability realized but not the risk concluded in the insurance contract. therefore, the claim is the risk concluded in the contract (not attain the liability).
as the insurance from liability do not insures the injured person from the risk that happened to him in his body or his money, so the risk didn’t attain unless requested from the insurer this liability.
It is not necessary that the claim to be a judicial claim and brought before the courts. But it is enough to be an amicable claim outside the courts, by official notice by the public server or by a written letter or by an ordinary or oral letter. It is important to the claim to be explicit and easy to prove.
Since the claim of the injured party and not the liability of the insured is the risk insured in insurance contract, so the date of the incident is important in the claim of the injured for compensation, so that the latter can claim, the accident must happen during the validity period of the insurance contract, so if the risk happened before signing the insurance contract is not valid even if the injured party’s claim occurs during the validity of the contract. On the contrary, the risk is valid if it occurred during the validity of the contract, even if the claim was after the expiry date of the contract.



Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

The insured risk liability in insurance according to the UAE Civil Code
The injured person claim from the insurer to compensate danger that was concluded in the insurance contract that it is considers from the liability, (but not to establish the responsibility of the insurer), in fact, the claim of the injured party and the attain of the liability of the insurer are not necessarily inseparable. WhatsApp: +971555570005

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