Whenever an accident happens and a person gets injured, the police should be called. Whether an accident is considered a small or a major one, calling the Police is essential, and it is legally required. If the Police personnel cannot be present at the scene of the accident, any party involved in the accident should visit the nearest Police Station at the same time or later (as soon as possible) and register a report. The Police will prepare an accident report and document the site. The causes of accidents can be many, such as a Car accident, worksite accident, or any other kind of damage intentionally or unintentionally.
In the case of criminal responsibility, if the defaulter is found guilty by the criminal court, he/she will be penalized by fines and imprisonment.
Personal injury involves an injury that is sustained physically, emotionally, and mentally. The injured person is entitled to claim damages where he has suffered an injury due to the other person’s wrongdoing. The victim may file a case against the person, who is found guilty in a criminal case or his insurance company if the defaulter has secured himself by insurance. The UAE civil law allows filing a compensation claim for injury damages. Personal injury comes under tortious liability in UAE Civil law.
Article of U.A.E. Civil code “Civil liability shall be without prejudice to criminal liability provided that the elements of criminal liability are present, and no criminal penalty shall limit the scope of the civil liability or the assessment of the compensation”
The documents that should be submitted for a claim:
- A draft or pleading of injuries and details of damages and demands.
- Police report, (that includes a full investigation report with the accident scene)
- Judgment copy of Police case and Certificate from Public prosecution for final judgment.
- Medical reports declare the percentage of disability by an authorised hospital or doctor. The petitioner may ask the court to appoint a doctor to examine the physical damages also.
- All medical records and expenses bills.
- Salary contracts and other extra source of earnings are affected because of injury.
The amount of compensation that can be recovered will depend upon the nature of the injury and the consequent costs and losses and depend on the medical reports and, loss because of the injury. Medical experts report or medical disability report is an important document to decide the claim amount, a court may consider the following cost:
- Medical cost
- Physical harm
- Mental agony
- Loss of earning
- Potential Future damages
- Court fee.
Compensation proceedings in the court
Before filing a litigation party should try to make an amicable settlement with the Insurance Company by sending a Legal notice.
The first step of a lawsuit for compensation will be filed with the Insurance authority if an insured car accident is involved and after hearing both parties’ claim insurance authority will issue a judgment. The Judgment issued by the Insurance authority can be challenged within 30 days by either party in the civil court.
If the parties don’t agree on the insurance authority’s judgment then they may register a case in the civil court. If the matter is other than the Insurance Company’s involvement in the accident, then the case will be registered directly in the first instance court. After filing the case, the court will notify the other party and the defendant will respond to the pleading filed by the petitioner, the defendant will generally either reject the demand, make a counteroffer or accept it.
The court will calculate the damages in an amount that equals the injury suffered at the time of the incident. The court generally considers the medical report, age of the person, income, and other factors to decide the compensation amount and pronounce the judgment. The judge has the sole discretion to decide the amount under the UAE civil code.
- Depending on the specific issues in the case, the losing party may further appeal the order passed by the first instance court.
- A dead person’s Legal Heirs can be awarded Diya in the criminal case, that is Maximum of AED 200,000 (Two hundred thousand) and the legal heirs of the deceased can also file a compensation claim under civil law.
Limitation of claim:
Article 298 of the U.A .E. Civil code provides “No claim for compensation arising out of a harmful act shall be heard after the expiration of three years from the day on which the victim became aware of the occurrence of the harm and the identity of the person responsible for it and no claim for compensation shall be heard in any case upon the expiration of fifteen years from the day on which the harmful act took place”
by: Imran Khan
Bin Eid Advocates & Legal consultants
Email: [email protected]