Obligating a vehicle driver to pay “one million dirhams” in compensation for the injury of his companion

The Civil Court in Dubai ruled to oblige a 23-year-old Asian vehicle owner to pay one million dirhams to the insurance company insuring his car, after he was proven to have been driving under the influence of alcohol and caused a serious traffic accident, which led to his European companion, who was sitting next to him, being seriously injured. The insurance company was forced to compensate him and then legally revert to the accused driver.

The details of the case go back to when the defendant was driving his private vehicle at a speed exceeding the permissible limit, which caused him to lose control of it, and led to him colliding with an iron barrier on the road, causing a serious accident that resulted in the injury of his companion.

Investigations into the accident, and the technical report of traffic experts, proved that the driver was in an abnormal condition, and the results of the blood analysis revealed the presence of an alcohol level in his blood. He was referred to the Penal Court, which convicted him on charges of driving under the influence of alcohol, harming the body of others, and damaging property, and punished him with a fine of 15 thousand dirhams, and the ruling became final.

For his part, the injured companion filed a complaint before the Insurance Dispute Resolution and Settlement Committee against the insurance company that was covering the car, demanding compensation for physical and moral damages. After studying the medical case, the committee issued its decision obliging the company to pay one million and 500 thousand dirhams. Then the Court of Appeal modified the amount to one million dirhams with a legal interest of 5% annually, and the ruling became final after rejecting the company’s appeal.

In compliance with the ruling, the insurance company paid the full amount by bank check, then returned to sue the driver who caused the same accident, based on the provisions of the Unified Vehicle Insurance Policy against Civil Liability issued by the Insurance Authority, which allows the company to have recourse against the insured if it is proven that the accident resulted from his driving while under the influence of alcohol.

After examining the papers submitted by both parties to the case, the court clarified in its merits that what is established from the case papers is that the injured person was accompanying the driver inside the vehicle that caused the accident, and that the latter was the one who through his mistake and recklessness caused his injury, which constitutes a clear violation of the law and the terms of the insurance policy, which requires that driving be in a normal condition and in a way that does not endanger lives.

She stated that the final criminal ruling proved the incident of driving under the influence of alcohol beyond a reasonable doubt, which proves his responsibility for the damages resulting from the accident, pointing out that the percentage shown by the accused’s blood analysis proves a state of complete loss of control over driving, and that the accident occurred as a direct result of this behavior.

She confirmed that the unified insurance policy requires the insured to take all reasonable precautions to maintain the vehicle and use it for the legitimate purpose, and that violating these obligations negates his right to cover the company, and allows it to return what it paid to the injured person in the event that the accident occurs as a result of a clear violation, such as driving under the influence of alcoholic beverages.

In light of these facts, the court ruled to oblige the defendant to pay one million dirhams to the insurance company, with a legal interest of 5% annually from the date of the claim until full payment, in addition to legal fees and expenses and 1,000 dirhams for attorney’s fees, stressing that the ruling is equivalent to an in-person appearance due to his declaration and failure to appear being proven.

The court considered the late interest to be compensation for the delay in fulfilling the financial obligation, noting that the company’s right to seek recourse against the driver is based on an established legal rule that does not affect the rights of the injured person, who has already received his full compensation.

• The insurance company paid the injured companion, and legally recovered from the at-fault driver.