The Prescription Period in the Direct Claim for the Aggrieved Party against the Insurer, According to the Emirati Civil Law
By assuming usage of the aggrieved party for his right in filing the direct claim, we are before three points, which are:
*The period in which the aggrieved party can file the direct claim, means the prescription period. WhatsApp: +971555570005
The Prescription Period in the Direct Claim for the Aggrieved Party against the Insurer According to the Emirati Civil Law
By assuming usage of the aggrieved party for his right in filing the direct claim, we are before three points, which are:
*The period in which the aggrieved party can file the direct claim, means the prescription period.
*The evidence to be submitted in this case.
*Result of this claim that the aggrieved party receives his right.
Period of prescription is the most important issue in the direct claim, as the direct claim filed by the aggrieved party against the insurer is not originated from the insurance contract, but from law, therefore period of prescription for the insurance contract which is three years from time of risk occurrence which lead to these claims, is not enforced for the direct claim, and what is enforced is another prescription period.
Whereas the direct claim is originated by law, whatever is the insured upon liability, tort or contractual, there is then no specific prescription period determined by law for it, and it becomes subject to the general rules and its prescription period is fifteen years. The aggrieved party can file the direct claim until the prescription period expires, means that he can file it within fifteen years from time of risk occurrence or from time from occurrence of accident which results in liability of the Insured. However, two things should be noted:
1- Silence of the aggrieved party for a long time without filing the direct claim, for some circumstances, could be interpreted as implicit assignment of this claim.
2- Right of the aggrieved party in filing the direct claim is conditional on continuity of his right against the Insured. If right of the latter expires by prescription, the aggrieved party cannot file a direct claim against the insurer. The claim of the aggrieved party against the Insured is tort or contractual claim, and if the contractual liability prescribes after fifteen years, the tort liability prescribes after three years from time of the aggrieved party information of the accident and the responsible person. This means that in insurance against the tort liability, of the tort claim prescribes after three years, the aggrieved party cannot file the direct claim against the insurer for expiry of his right against the Insured, even if the direct claim is not prescribed.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
