Compensation for injuries that occur to people, whether while walking on the road, driving a car, or even while working, is one of the topics that I am interested in regulating by the UAE legislator in a significant and orderly manner because the government in the UAE is keen on taking a keen interest in people’s lives and paying damage to them, and if they are injured, they should receive the utmost attention and care to help them overcome the crisis resulting from the accident, Accordingly, the traffic and accidents law in the UAE was regulated by federal law No. 21 of 1995, as amended by Law No. 12 of 2007, which dealt with, in four sections, traffic and traffic rules, driver’s licenses and driving instruction, inspection, registration and licensing of mechanical vehicles, penalties for traffic and traffic crimes and their procedures, and many ministerial decisions were issued in this regard, such as Ministerial Decision No. 127 of 2008, and resolution 178 of 2017 on traffic control rules and procedures , He also issued the unified policy for vehicle insurance against civil liability issued under the system of standardization of vehicle insurance policies in support of the decision of the board of Directors of the Insurance Authority No. 25 of 2016.
The legislator has allocated compensation for traffic accidents with the utmost care, With regard to compensation for traffic and traffic accidents in the UAE, the Civil Transactions Law No. 5 of 1985, which affirmed in its Article No. 282 that every harm to others obliges the perpetrator, even if not distinguished by the guarantee of damage, which is an explicit and clear article that guarantees the injured to receive compensation for the damage suffered by others to try to overcome the ordeal that the civil law shall assess the guarantee in all cases to the extent of the right of the injured from the damage and the loss of profit, Here we find that the legislator has taken every care to compensate the injured for the loss of benefit, but provided that it is a natural result of the harmful act, as well as Article 283 specified the types of damage and its controls so that compensation is not out of gratuitous enrichment at the expense of the one who caused the accident, and the legislator stipulated that the damage should be direct or caused, if it was directly necessary warranty and no condition for it, and if it occurred by causing, the infringement or intentional or the act is leading to damage .
The UAE legislator has also paid attention to a comprehensive statement of the unified vehicle liability insurance policy issued under the system of standardization of vehicle insurance policies in support of the decision of the board of Directors of the Insurance Authority No. 25 of 2016, because there is often confusion in the minds of non-dealers in the legal field about some concepts, the legislator has clarified some important terms in applying the provisions of the insurance policy, The insurance policy is defined as the unified insurance policy to insure the driver and the vehicle from civil liability towards third parties, under which the Insurance Company undertakes to compensate the third party when the damage covered by the policy and any supplement thereto occurs, which governs the relationship between the parties in return for the premium paid by the insured.
In the concept of the company (insurer), he explained that it is the insurance company licensed to operate within the state in accordance with the laws and regulations issued in the state and accepted the vehicle insurance and issued the policy, as it is not allowed for anyone or any entity to submit any written document and claim that it is an insurance policy, the legally required document must be issued by a licensed entity, otherwise the person responsible for causing the accident is considered to have no insurance to pay compensation for, and therefore he becomes the unit responsible for paying the compensation arising from the accident that caused it, as it came to define the insured, the driver of the vehicle, the uninjured, physical damage, material damage, types of vehicles, The additional supplement, the personal accident supplement and the limits of civil liability, in addition to all the provisions included in the unified vehicle insurance policy .
However, as specialists in law and Wrongful Death Lawyer in Dubai, Abu Dhabi UAE, we have found that the amount of compensation awarded by the court varies from case to case and depends on several criteria, including :
The first criterion : the size and severity of the damage caused by the accident, the accident that led to an injury resulting in a slight disability , such as some deformation of the skin as a result of friction of the injured body on the road while driving a motorcycle, for example, is not equal to the injury resulting from the accident, which led, for example, to the loss of functional ability to procreate, walk or amputation of the hand.
The second criterion : the gender and age of the injured person at the time of the accident, the gender of the injured person, even if it is an immaterial criterion, but it clarifies to the judge at least if the injured person is sponsored or sponsored by others, the male worker who provides for his family’s expenses, for example, it will certainly be understood by the judge that he is the main breadwinner of the family by virtue of human custom, and the age of the injured is an important element the ability of a young man, However, a young person will suffer from the injury for a longer period than an adult, or, for example, he is expected to be the breadwinner for his parents when they grow up .
The third criterion: the income that the injured person would have earned from his work had it not been for the injury, and this criterion comes as a complement to the previous criterion, to determine the length of time compared to the period for which the uninjured person will be able to work and produce sufficient income for him and his family.
The fourth criterion : the costs of treatment, where the judge takes into account when estimating compensation the expected cost of treatment that the injured person will need to recover is not complete in most cases, but at least be able to overcome the crisis that has affected him.
Also, as an Accident Lawyer in Dubai, Abu Dhabi UAE, and because of our experience over almost a long period of time in this type of injury, we were able to understand the Judicial Policy and the mechanism of arranging and highlighting the details of current and expected future damages as a result of the accident, which enabled us to obtain very good judgments for our clients, according to which they received financial compensation estimated in millions in some cases to help the injured person overcome his ordeal and the injury suffered by him .
However, we must note that the types of bodily harm have a great place when estimating compensation for damage caused as a result of the accident.
The physical injury leading to immediate death, or death after a period during which the injured person’s condition deteriorated due to the damage caused as a result of the accident has a great impact on those around the injured or the deceased and the amount of mental suffering that the injured Zoe or his heirs will receive as a result of their loss as a result of the accident , and here we must clarify that the heirs have the right to claim all material and moral damages resulting from the death of the injured as a result of their loss as a result of the accident. compensation is not limited only to the injured or it falls , for example , by his death, on the contrary, the UAE law has paid attention to the heirs of the deceased as an attempt to their only breadwinner, and helping them to meet the needs of the family, for example. And we have been able to obtain compensation for the heirs of the deceased in many cases, even if the deceased was the cause of the accident, in accordance with the provisions of the unified insurance policy in traffic accidents, as the legislator has set a basic compensation amount estimated at 200 thousand dirhams in the event of death, this other than the ruling has a legal debt estimated at 200 thousand dirhams also in case the death occurred as a result of the action of others.
Also, a non-fatal physical injury, as we have mentioned above, is, in the definition of the law, an injury that does not amount to the loss of a soul, but causes the injured person to be completely or partially disabled, and in this case the injury takes several forms, such as amputation of a member of the body and loss of its usefulness, gross mutilation that cannot be removed, disabling one of the senses completely or partially, and the loss of the body of one of the natural forces such as the ability to procreate .
Since the legal profession is a message before it is an honesty in the necks of legal professionals, we at THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION , have resolved to provide Free Legal Advice Online via WhatsApp in Dubai, Abu Dhabi UAE, as the belief that not getting a lawyer specialized in traffic accident compensation cases will achieve the same result for the , While saving himself the lawyer’s fees, is a completely wrong belief, the lawyer of the insurance company or the cause of the accident in some cases, will certainly appoint a lawyer to try to get a court ruling that will enable him to avoid paying compensation and will have enough experience to reduce the compensation to the lowest possible amount, or even evade payment or reject the claim for any reason, while in our company we will work to provide full and sufficient legal support for the client to stand up against the parties to the accident and the team of lawyers of insurance companies so as not to evade their responsibility as a result of the injured or his heirs not knowing what he deserves in accordance with the provisions of the law, enabling him to take firm position in his case and demand fair compensation, Reaching a satisfactory settlement for all parties without recourse to the judiciary .
Our legal team will also work to harness its experience and time to serve the case and the client, which starts from providing guidance and legal opinion on the case from the first consultation and honestly about the client’s legal position in all its aspects, which is based on the amount of information related to the traffic accident, which was collected and studied from the file in addition to the accumulated experience of the legal team, so that our lawyers provide you with a comprehensive picture of the legal status of the case, the options available and possible actions to be taken.
