Who is liable for damages and the critical steps you must take to protect yourself
Dubai: Under UAE traffic law, every vehicle on the road must have motor insurance, with third-party liability cover as the minimum legal requirement. Despite strict enforcement, cases of uninsured driving still occur, often due to policies lapsing unnoticed or, in rare instances, deliberate avoidance.
Experts warn that driving without insurance not only exposes motorists to fines, black points, and vehicle impoundment, but also brings serious financial and legal consequences in the event of an accident.
“Though not widespread, such cases present serious liability risks both for the uninsured driver and for others on the road,” Hitesh Motwani, Deputy Chief Executive Officer of Insurance Market told Gulf News.
Driving without valid motor insurance in the UAE is a traffic offence and carries strict penalties. Motorists caught without cover face a Dh500 fine, four black points on their driving licence, and vehicle impoundment for seven days.
According to Toshita Chauhan, Chief Business Officer (General Insurance) at Policybazaar.ae, the police will always attend and issue a formal accident report. The uninsured driver will face penalties including fines, black points, impoundment, or even licence suspension.
Two possible outcomes follow:
If you are at fault: If you hold comprehensive cover, your insurance company will pay for repairs and claims.
If you are not at fault: Your comprehensive insurer will still pay for your repairs and then recover costs from the other party.
Chauhan explained: “If your vehicle is insured under a third-party liability policy and the accident is not your fault, then the other driver is liable to pay for your repair costs.”
In case you are not the party at fault your insurance company will still pay for your claims under your comprehensive insurance company and recover the cost of this claim from the faulty party which is the other individual. In case you’re vehicle is insured under third party liability policy and you have an accident which is not caused due to your fault – then in this case the other party is liable to pay for your vehicle repair costs.
“The uninsured driver is fully responsible for all costs arising from the accident. This includes vehicle repairs, medical expenses, and even compensation for pain, suffering, or death,” Chauhan said.
The type of insurance you hold determines how damages are covered:
Comprehensive cover: Your insurer usually pays for your repair costs and later recovers the amount from the at-fault driver.
Third-party liability cover: Your damages are not covered. You would need to pursue the uninsured motorist directly, which often results in delays and financial stress if they cannot pay.
When an uninsured driver causes an accident, victims have two main options:
File a claim through their own insurance policy, depending on the coverage terms.
Pursue legal action against the at-fault driver in court.
“Success in recovery will depend on presenting clear evidence such as police reports, medical records, and witness statements,” Motwani explained.
The most practical options are either to file a claim through your own insurance policy (depending on the coverage terms) or to pursue legal action against the at-fault driver through the courts. Success in recovery will depend on presenting clear evidence such as police reports, medical records, and witness statements.
If you are involved in an accident with an uninsured vehicle, it is vital to report it to the police and obtain an official accident report.
“If you are insured, your company may still cover your damages, though they will often seek recovery directly from the uninsured driver. If you are uninsured yourself, you are fully responsible for all costs and face penalties such as fines, black points, impoundment, and even possible criminal action in serious cases,” Motwani said.
He advised motorists to renew their insurance well before expiry to avoid gaps in coverage.
Chauhan emphasised the importance of comprehensive policies.
“Unlike third-party cover, comprehensive policies protect your own vehicle as well, even if the at-fault driver is uninsured. This ensures you are not left bearing heavy repair costs personally and provides an added layer of security in situations that are outside your control,” she said.
It is equally important to understand the value of holding comprehensive insurance. Unlike third-party cover, comprehensive policies protect your own vehicle as well, even if the at-fault driver is uninsured. This ensures you are not left bearing heavy repair costs personally and provides an added layer of security in situations that are outside your control.Toshita Chauhan, Chief Business Officer (General Insurance) at Policybazaar.ae
Financial and legal complications can escalate quickly when uninsured drivers are involved. Even if you are not at fault, delays in compensation, temporary out-of-pocket payments, and lengthy legal processes are common.
Additionally, such incidents can affect your future insurance premiums. “A comprehensive policy offers far greater protection in these scenarios, both financially and legally,” Chauhan added.
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