UAE: Motorcyclist awarded 200,000 AED in compensation after a traffic accident
The Civil Court in Dubai has affirmed a decision by the Insurance Disputes Settlement and Resolution Committee, compelling an insurance company to pay 200 thousand dirhams to a motorcyclist who suffered severe injuries leading to permanent disability in a traffic accident.
Appeal Against the Committee's Decision
The insurance company had appealed the committee's decision, asserting flaws and legal violations. The company argued that the criminal ruling against the at-fault driver was not final and was issued in absentia without notification. Additionally, the forensic report was challenged for being issued by a court without jurisdiction. The company claimed the driver's license was invalid, and the accident insurance policy had expired months before the incident.
Reconsideration Request and Supporting Documents
The company sought a reconsideration of the compensation amount, claiming exaggeration. It submitted documents, including a police certificate, supporting the motorcyclist's case. The certificate detailed that the defendant was riding with another person when a car, driven by the accused, entered the street without ensuring it was clear, resulting in a collision and severe injuries.
Injuries and permanent disability
The forensic report revealed multiple fractures in the defendant's skull and face, leading to chronic pain and permanent disabilities: 15% of total skull capacity, 10% of total brain capacity, and 25% in the upper right limb.
Court's Ruling
After reviewing the case and arguments from both sides, the court determined that the criminal ruling was final and the civil lawsuit lacked evidence of an appeal. The court rejected the company's request to halt proceedings. It upheld the Insurance Disputes Settlement Committee's decision, affirming the driver's responsibility for the injuries sustained by the motorcyclist.
Exclusion from Insurance Coverage
The court dismissed the company's argument about the accident falling outside the insurance coverage scope due to the expired license, stating that the policy's exceptions did not cover this situation. It emphasized that every individual has the right to bodily safety, and harm, even if not resulting in financial losses, warrants compensation. The court rejected the insurance company's appeal and upheld the committee's decision to pay 200 thousand dirhams to the injured motorcyclist.
