Accident and Personal Injury Compensation in UAE

There is legal framework to claim compensation for accident and personal injury in UAE. The term “personal injury” refers to any type of harm done to a person, not only physical. The victim of someone else’s crime has the legal right to seek compensation for their losses. Damages for injuries sustained can be claimed in court under UAE civil law.

Things to Remember

• Compensation for Accident and Personal Injuries It doesn’t matter how minor or severe an accident is, you must always contact the police. If the police are unable to respond to the scene of the accident, the victim should report the incident at the nearest police station.
• The cops will take pictures and write up a report of the incident. Vehicle accidents, occupational mishaps, and other accidental or malicious property damage are just a few examples. The guilty party may be subject to monetary penalties and jail time if found guilty in a criminal court.
• Harm to one’s person can take many forms, including physical, mental, and emotional injuries. When an injury is the result of the negligence of another party, the victim is entitled to monetary compensation. This can be done by filing a civil suit against the culpable party or a claim with the culpable party’s insurance provider.
• Tortious liability governs cases of bodily injury under UAE civil law. In the United Arab Emirates, the law provides that “Civil liability shall be without prejudice to criminal liability provided that the elements of criminal liability are present, and no criminal penalty shall limit the scope of civil liability or the assessment of compensation.”

To file a compensation claim, you’ll need the following documents

• A draft or pleading outlining the harm, monetary loss, and requests.
• A full accident site investigation report, as part of the police report.
• A certified copy of the final judgment and a copy of the police case judgment.
• A certificate of disability issued by a licensed medical facility or physician indicating the degree of incapacity. The petitioner might also ask the court to appoint a medical professional to evaluate any bodily harm that has been done.
• Every receipt, bill, and medical report.
• Salary agreements and other income streams that may be impacted by the injury.

Legal Stages

• Damage Awards: Damage awards are based on the severity of an injury, the costs connected with treating it, and the income lost as a result of it. Medical bills, emotional suffering, lost wages, future potential damages, and legal fees may all be taken into account by the court.
• Filing a case with the mediation committee is the first stage in the legal process. Through the use of a mediator, disputing parties can work toward a compromise.
• If the dispute cannot be settled through mediation, a case must be filed at the court of first instance. The defendant will be notified by the court, and they can either refuse the petitioner’s demand, make a counteroffer, or accept it.
• The court’s award will reflect the degree of harm sustained at the time of the accident. The medical record, age, income, and other variables are taken into account. According to the UAE civil code, the court gets to decide how much compensation is awarded.
• The losing party may be able to appeal the decision made by the court of first instance.
• The amount of Diya (blood money) that can be given to the deceased in a criminal proceeding is limited to AED 200,000. Under civil law, the deceased person’s heirs might also submit a claim for damages.
• No claim for compensation arising out of a harmful conduct shall be entertained after the expiration of three years from the day on which the victim became aware of the incidence of the harm and the name of the person or persons responsible for the injury, as stated in Article 298 of the UAE Civil Code.

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