Delivery rider in UAE seeks compensation after 20% disability from crash

Question: I am a delivery motorcycle rider in the UAE. Seven months ago, I was hit by a car, causing serious injuries that the doctor estimated to be a 20% disability in my right hand.

I lost my job, spent a lot of money on medical treatment, and still need physical therapy. The driver of the insured vehicle that caused the accident was referred to criminal court and convicted.

My question: Can I request compensation for my injuries, lost work, and medical expenses? Whom should I file the lawsuit against? Please advise.

Answer: You must file the suit against the insurance company of the insured car that caused the accident and against the driver who was convicted. Such cases should be filed before the Insurance Disputes Settlement and Resolution Committee.

It is your right to request compensation for your injuries, your lost work and whatever expenses you incurred for treatment, taking into consideration that you bear the burden of proof to provide the court with medical reports and evidence that you incurred medical expenses, like receipts, and that you lost your job because of your injuries.

Pursuant to the Unified Motor Vehicle Insurance Policy against Third Party Liability clauses 4 & 5 of chapter one (General Conditions), the Third Party / Injured Party may submit a claim to the company for compensation for damages caused to them by the Insured Motor Vehicle.

What is the liability?

In case of death of a family member of the Insured or the Motor Vehicle Driver, the company's liability will be limited to an amount of Dh200,000 per person. In case of injury, the insurer's liability will be further limited to the percentage of disability per person.

Article (282) of the Civil Transactions Law confirms that any harm done to another shall render the actor, even though not a person of discretion, liable to make good the harm.

Article (292) states that in all cases, the compensation shall be assessed on the basis of the amount of harm suffered by the victim, together with loss of profit, provided that that is a natural result of the harmful act.