I had a major car accident and the insurance company is not paying the full amount. What to do?

Dear Questioner,

Thank you for your inquiry. Based on your situation, here’s the suggested course of action:

Vehicle Total Loss Claim:

As the insurer’s valuation is lower than the insured amount, request a re-evaluation and provide independent valuations if necessary.

Medical Expenses and Personal Injury:

Contact [------] for reimbursement of medical costs and compensation for personal injury. If they deny it, escalate the issue to the UAE Insurance Authority.

Faulty Party’s Insurance:

Since there’s a language barrier, request a certified translator for all communications. Also, obtain an independent medical report to confirm that the injury is linked to the accident.

If needed, I can assist with further actions like drafting letters or filing complaints.

Best regards,

Mohammed Salah

Legal Consultant

In this case, since you are the victim of the accident and have encountered difficulties with the insurance company, there are legal steps you can take to recover your rights:

Claiming compensation: Since your insurance is comprehensive and should cover medical losses and personal injuries, the insurance company is obligated to compensate you based on the terms of the contract.

If the insurance company refuses to pay compensation for injuries or medical expenses, you must claim your rights by filing a complaint with the relevant regulatory authority in the country, such as the Insurance Authority or the UAE Ministry of Economy, to obtain full compensation for medical expenses and personal injury compensation.

Ensuring the validity of medical documents: If the insurance company claims that the medical diagnosis does not indicate that the injury was caused by the accident, you must clearly provide all medical documentation.

Ensure that the doctors' reports clearly indicate that the injury was accident-related. If necessary, you can request additional reports from doctors to clarify the cause and relationship between the accident and the injury.

Filing a formal complaint: If the insurance company or the insurance company's legal representative continues to refuse to pay compensation, you can file a formal complaint against them with the relevant insurance authority.

In some cases, the injured party may file a lawsuit against the insurance company if it continues to refuse to pay without legal justification.

Legal Procedures: If the insurance company does not respond to your complaint, you can go to court to file a lawsuit against them to recover the amounts owed.

You must provide all relevant documents and evidence, such as the accident report, doctor's diagnosis, and all invoices related to medical expenses.

For assistance, please contact us via phone or WhatsApp.

Good afternoon,

Thank you for reaching out. Based on your situation, you have strong legal grounds to:

Challenge the insurance payout – If your vehicle was declared a total loss, the insurer should compensate you fairly according to the policy terms.

Claim medical expenses & personal injury compensation – The at-fault party’s insurer is responsible for covering your medical costs and damages caused by the accident.

Address communication barriers – If the opposing legal representative refuses to engage due to a language issue, this should not delay or impact your rightful claims.

To ensure you receive full compensation and legal support, we strongly recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy. Our team can assist with claim negotiations and legal action if required.

Let us know how you’d like to proceed.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

Even with a fully comprehensive policy, insurance companies often try to minimize payouts.

You have the right to challenge their assessment of your car's total loss. They are incorrect when they state that they have no responsibility to assist with the recovery of medical or personal injury, since you are not at fault.

It is the responsibility of the faulty party's insurance to pay these costs, however, your insurance company should be assisting you with this process.

You are entitled to recover your medical expenses and seek compensation for personal injury caused by the accident.

The faulty party's insurance is responsible for these costs. The legal representative's claim that your medical diagnosis doesn't link to the accident is a common tactic to avoid liability.

Negotiate with [-----] for a fair settlement on your car's total loss. Gather all medical records and expert opinions to establish the link between your injuries and the accident.

Obtain detailed medical reports from your doctors, explicitly stating the causal link between the accident and your injuries.

If [-----] is uncooperative, file a formal complaint with the Insurance Authority of the UAE. We will let you know the procedures to be undertaken in detail.

Kindly share your WhatsApp number to discuss further.

Dear questioner

We need to file the defence properly to her contentions. Maintain meticulous records of all medical expenses, diagnosis reports, and any other relevant documentation.

Even if the legal representative claims not to understand English, continue to provide all documents in writing, and keep copies.

We need to file both the criminal and civil cases to recover the compensation and the claim.

If you need our assistance, kindly share your WhatsApp number.

Dear Sir/Madam,

Thank you for providing details about your car accident case. I understand this is a challenging situation, and I'll address the key points of your query:

1. Vehicle Compensation

The offer of 50% less than the insured sum for your total loss vehicle is concerning. You have the right to negotiate for fair compensation based on your policy terms. Consider:

- Obtaining an independent valuation of your vehicle

- Reviewing your insurance policy for specific clauses on total loss compensation

- Requesting a detailed explanation from the insurer for the reduced offer

2. Medical Expenses and Personal Injury Claim

As the victim in this case, you are entitled to claim compensation for medical expenses and personal injuries. To strengthen your claim:

- Compile all medical invoices, diagnosis reports, and treatment records

- Obtain a clear medical opinion linking your injuries to the accident

- Consider seeking legal representation specializing in personal injury claims

3. Insurance Company's Role

[------]'s lack of support in recovering medical expenses is unusual for a comprehensive policy. You should:

- Review your policy terms regarding personal injury protection

- Escalate the matter to a senior representative at [------]

- File a complaint with the UAE Insurance Authority if necessary

4. Communication with the At-Fault Party's Insurance

The language barrier issue raised by the at-fault party's legal representative is not a valid reason to dismiss your claim. You can:

- Request official translation services for all documents

- Insist on communication in writing to maintain a clear record

- Consider engaging a legal representative to handle communications

5. Medical Diagnosis Dispute

If the at-fault party's insurance is disputing the cause of your injuries:

- Request a more detailed medical report specifically addressing the accident's role in your injuries

- Consider obtaining a second medical opinion if necessary

- Emphasize the mention of the accident as a likely cause in your existing reports

6. Legal Recourse

Given the complexities of your case, it may be beneficial to:

- Consult with a personal injury lawyer experienced in UAE traffic accident claims

- Consider filing a civil case if negotiations with insurance companies fail

- Be aware that you have three years from the date of the accident to file a claim

Remember, as the victim in a major accident, you have the right to fair compensation for vehicle damage, medical expenses, and personal injuries.

Don't hesitate to seek professional legal advice to ensure your rights are protected and you receive appropriate compensation.

If you need any further clarification or assistance, please don't hesitate to ask.

Your situation involves complex issues related to insurance claims, personal injury, and communication barriers.

The key to resolving these issues lies in seeking professional legal advice, ensuring clear and translated communication, and persistently advocating for your rights as a victim of the accident.

It is also crucial to carefully review your insurance policy and understand your entitlements, as well as to gather and present all evidence, including medical reports, to support your claims.