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Traffic Accidents Compensation

Traffic Accidents Compensation

Traffic Accidents Compensation 800 800 AmalKhamisAdvocates

Traffic Accidents Compensation

I was hit by a car. The driver was drunk and I suffered several injuries in different parts of my body which forced me to not go to my work in addition the damage of my belongings.

What is my right in the compensation and who is responsible for this?

UAE law provides full protection to individual rights specially the right in physical and financial security

(Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)

How to Take Procedures?

To open criminal case claiming for temporary compensation before criminal courts and file civil compensation case against the driver, car owner and insurance company.

First: the right to open criminal case and file civil case seeking for temporary compensation before criminal courts against the driver for committing several crimes punished by UAE Penal Code.

  1. Drinking alcoholic drinks  in circumstances other than those prescribed by law; 
  2. Driving his/her car under the influence of alcohol;
  3. By his or her own fault, he/she compromises another body safety;
  4. By his or her own fault, he/she damages properties owned by another person; 

B. The right to file a case for compensation for damages you suffered from whether these damages are material or moral against the actor, the car owner and the insurance company of the car causing the accident.   

Because the fault is made by the driver who drinks alcoholic drinks and drives under the influence of alcoholic drink without consideration of driving circumstances. The driver could not keep to the approved rout swerving suddenly which cause the accident. Because of this fault, the victim is inflicted by physical damage. The causal relation between the driver’s fault and the damage occurred to vehicles and other damage is provided.     

In this case, you shall file it against:

1. The driver:

Pursuant to article (282) of Civil Transactions Law No. 5/1985 as follows:

 (Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)

2. Insurance Company of the driver’s car:

Pursuant to article (26) of law No.21 of 1995 Concerning Road Traffic as follows:

(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.

Any person inflicted with bodily harm caused by the use of a vehicle may resort directly to the insurance company for compensation.)

It is necessary to recuse the insurance company as per the procedures stipulated by law.  

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