Accident and Personal Injury Compensation

Whenever an accident happens and a person gets injured then, police should be called. Whether an accident is considered a small or a major crash, calling the police is essential, and it's legally required. If the police can't come to the scene of the accident, the person 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 of the site. The cause of an accident can be many, like a car accident, worksite accident or any other kind of damages 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

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 defaulter has secured himself by insurance.

The UAE civil law allows filing a compensation claim for injury damages. Personal injury comes under a tortious liability in the UAE civil law. An article of the UAE Civil code states, “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 the claim:

• A draft or pleading of injuries and details of damages and demands.

• The police report, (that includes full investigation report with the accident scene)

• Judgment copy of Police case and Certificate from Public prosecution for final judgment.

• A medical report which declares the percentage of disability by an authorized 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 contract and other extra sources of earning that effected because of injury.

Compensation

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 injury. Medical experts report or medical disability report is an important document to decide the claim amount, the court may consider the following cost:

• Medical cost

• Physical harm

• Mental agony

• Loss of earning

• Potential Future damages

• Court fee.

Mediation Committee

The first step of a lawsuit matter will be filed in the mediation committee. Mediation is a proceeding in which the parties attempt to reach a settlement in the issue.

First Instance Court

If the matter has not been settled or resolved by the court via the mediation committee, the next stage is to register a case 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 which 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 discretion to decide the amount under the UAE civil code.

Depending on the specific issues in the case, the losing party may appeal the order passed by the first instance court.

A dead person can be awarded Diya (blood money) in the criminal case, which is Maximum 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 UAE 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 of 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.”

Written by:

Imran Khan | Bin Eid Advocates & Legal Consultants