Abu Dhabi motorcyclist suffers permanent disabilities after swerving to avoid jaywalker

Abu Dhabi: A motorcyclist in Abu Dhabi has been left with life-altering injuries after swerving to avoid a woman who crossed the road from a non-designated area and failed to stop, leading him to lose control of his bike, 24.ae newsportal reported. 

The crash resulted in severe and permanent disabilities: partial paralysis in his left leg, impaired vision and hearing, memory loss, partial seizures, repeated loss of consciousness, and long-term psychological trauma. His condition ultimately forced him into early retirement.

According to case filings, the motorcyclist submitted a claim to the Insurance Dispute Settlement and Resolution Committee seeking Dh2.1 million in compensation from the insurance company and another party, along with Dh4,000 to cover forensic medical report costs. 

He argued that the accident occurred while riding his insured motorcycle, and that the woman who caused the crash could not be identified afterward.

The insurer sought to limit its liability to Dh200,000, the cap for bodily injury under its policy, and the committee dismissed the motorcyclist’s claim.

He appealed the decision, but the Court of Appeal also rejected his case. He then filed a petition with the Abu Dhabi Court of Cassation, arguing that the previous courts had dismissed the case because he did not submit the insurance policy or criminal judgment, despite the insurer acknowledging responsibility and merely disputing the compensation amount.

The Court of Cassation sided with the motorcyclist, noting that medical reports confirmed multiple permanent disabilities clearly warranting compensation beyond Dh200,000. 

The court ruled that the insurer is obligated to pay Dh200,000, plus legal interest, and must cover his medical report fees and attorney costs.

While the ruling upheld the policy limit requested by the insurer, it also affirmed the motorcyclist’s right to compensation and overturned earlier procedural dismissals.