The trauma caused through personal injury and accidents can leave one scarred for life, however not receiving adequate insurance compensation due to lack of awareness can be equally unnerving. Dubai-based Indian lawyer Femin Panikkassery of Global Links Legal Consultants explains due processes while claiming this form of compensation in the UAE
According to UAE laws, road accidents causing personal injury will fall under tortiuous liability. In the UAE, the principles of personal injury are mainly defined in Federal Law No. (05) Of 1985 (the Civil Code), under Articles 124, and 282 through 298. The process of accident injury claims is normally a three-step process in the region. The injured person can claim damages after suffering an injury due to an act of negligence by another. The victim may file a compensation case against the person found guilty, or his insurance company for damages caused. Firstly, it’s mandatory that there should be a criminal case against the person who committed the accident and there should be a judgment against him for his wrongful act (there are some exceptions to these rules too).
Secondly, the injured person can approach the court to appoint a Medical Expert to assess his disability and lastly he can file an application for compensation at court, where there would be a mediation committee also to settle the matter.
What would be the volume of compensation claimed for injuries from a motor vehicle accident?
The compensation claimed will entirely depend upon the nature of injury, cost of medical treatment and damages or loss caused by injury. The medical report or disability certificate issued by the medical expert appointed by the court will be a key factor in assessing the compensation.
The court may consider treatment expenses including future medical costs, pain suffered and that leads to mental agony due to the accident and loss of earning while announcing the judgement.
If the injured person returns to his home country after the accident, what will be his options for filing compensation in the UAE?
If the injured person is not in a position to come to the UAE, he can seek the assistance of a motor vehicle accident lawyer in the UAE for help. The lawyer can file the application on your behalf and can even send a medical expert to his home country to assess the disability with an order from the court. Once the medical expert files the report the lawyer files an application for compensation on behalf of the injured, for which the victim needs to issue a power of attorney to him.
What measures are to be implemented while issuing a power of attorney?
Issue a power of attorney through an approved legal consultancy firm registered in the UAE. Avoid issuing power of attorney to individuals as incidents have been reported recently about claim mismanagement by middle men. Never give power of attorney to individuals unless they are your immediate relatives.
If the accident leads to death, what is the process for filing an application for compensation?
The legal heirs of the deceased can approach court for compensation as well as for Diya money. In the UAE, Diya money is set at Dh200,000 now. To claim, one needs to open an inheritance file at the respective court prior to application.