A Dubai civil court ordered a motorist who caused a traffic accident while under the influence of drugs or alcohol and then ran away from the scene of the crime to pay back 57,000 dirhams to the insurance company that had previously compensated the injured party, the insurer of the damaged vehicle, and the costs of emergency medical services.
In detail, an insurance company filed a lawsuit against a vehicle driver, demanding that he be obligated to pay it an amount of 57 thousand and 20 dirhams and the prescribed interest, on the basis that the defendant, while driving a car insured by it, caused a traffic accident while he was under the influence of an alcoholic drink.
It was stated in the claim statement that the accident caused the injury of another driver, and the destruction of a vehicle he was driving, which belonged to one of the companies, noting that a criminal case was filed against the accused driver in which a final ruling was issued convicting him, and then the plaintiff insurance company paid an amount of 40 thousand dirhams to the victim of the accident, in addition to To the legal interest stipulated on this amount, she also paid the fees for ambulance services, as well as the value of repairing the vehicle damaged by the accident, bringing the total to 57 thousand dirhams, and used her legal right to seek recourse against the defendant.
The company provided support for its claim, which is a copy of the insurance policy issued by it for the vehicle that caused the accident, and a copy of the criminal ruling issued against the driver, which concluded with his conviction on charges of driving under the influence of an alcoholic beverage, destroying property owned by others, and escaping from the scene of the accident without providing assistance to the injured person. Or inform the police, and the Criminal Court punished him with a fine of 20,000 dirhams and suspension of his driving license for a period of three months.
After the amicable settlement was not possible, the civil court considered the case and reviewed the papers submitted, and stated in the merits of its ruling that, according to Chapter Five of the Unified Insurance Policy, the insurance company has the right to claim back the insured, the vehicle driver, or the person responsible for the accident, for the value of the compensation it paid on his behalf. In cases, including if it is proven that the driver of the vehicle - whether the insured or another person - committed the accident while he was in an abnormal state, due to him being under the influence of drugs or drinking alcoholic beverages that affect his ability to control the vehicle, or taking drugs that are not medically permitted. Driving after taking it. However, if the vehicle is intended for rental, the lessee will be entitled to return.
She stated that, according to the Code of Criminal Procedure, a final criminal ruling - whether acquittal or conviction - has authority that civil courts are bound by in cases that have not been decided by a final ruling, with regard to the occurrence of the crime, its legal description, and its attribution to its perpetrator.
The court indicated that it has established, according to the criminal ruling issued in the relevant case, that the defendant was driving the vehicle under the influence of an alcoholic drink, and therefore the plaintiff company may claim back from him what it paid to the person affected by the accident, pointing out that according to the invoices submitted, the insurance company It paid 41,168 dirhams in compensation to the injured person in the accident, 6,770 dirhams to the ambulance patrol, and 9,082 dirhams to repair damage to the damaged vehicle, for a total of 57,020 dirhams.
The court ruled that the defendant be obligated to pay the aforementioned amount, in addition to legal interest at the rate of 5% from the date the judgment became final until payment is completed, in addition to expenses.
