Delay in “delivering the vehicle” after the accident does not waive the right to compensation or repair

Two experts in the insurance sector confirmed that the delay of the policyholder (the insured) in handing over his vehicle that had been involved in an accident to the insurance company, to initiate repair procedures, due to travel or an emergency matter, does not negate his right to repair or compensation, according to the terms of the agreed upon insurance policy, as long as he informed the insurance company of the details of the accident immediately after its occurrence, and sent all the required documents.

They explained to “Emirates Today” that, on the other hand, there are some conditions that must be observed, or requirements that the insurance company may request as a result of this delay, pointing out that insurance companies may request that the vehicle be re-inspected if the delay is prolonged, to ensure that the damages required to be repaired are due to the accident itself, and not as a result of subsequent use or another accident.

In response to inquiries received by the newspaper from insurance policyholders who postponed the repair of their cars due to travel circumstances, after they informed the insurance company of the details of the accident, they added that once the claim file is opened and the insurance company inspects or inspects the vehicle, the insured remains eligible to obtain repair approval, even if the repair process is postponed for a reasonable period, due to travel or personal circumstances.

The claim stands

In detail, the insurance expert and CEO of UES, Dr. Jihad Vetrouni, said: “According to the vehicle insurance law in the UAE, and according to the usual conditions of car insurance policies, if a person is involved in an accident and informs the insurance company, but does not repair the car directly due to travel or for any other reason, the claim is not considered automatically canceled.” He added to Emirates Today: “But the insured must have previously reported the accident correctly, submitting the required documents, such as the police report, driver’s license, car ownership, and notice of claim, within the time limit required by the insurance company.”

Vetroni continued: “Practically, once the claim file is opened and the insurance company inspects or inspects the vehicle, the insured remains eligible to obtain repair approval, even if the repair operations are postponed for a reasonable period due to travel or personal circumstances.”

Vetroni pointed out some important legal and practical conditions in this case, saying: “The insurance company may request a re-examination of the vehicle before approving the repair if a long period has passed since the accident occurred,” pointing out that “if the delay causes additional damages or additional damage, or it becomes difficult to determine the original damages resulting from the accident, the insurance company has the right to reject the part related to the additional damages.”

He added: “If the insured repairs the vehicle privately without the approval of the insurance company, or without keeping proof of the damage, the insurance company may refuse compensation,” noting that “each insurance company has internal procedures and time limits for finalizing claims or approving repairs, especially if price quotes or previous approvals for repairs have expired.”

Vetroni said, “According to the insurance practices adopted in the UAE, traveling or postponing repair in itself does not lead to the loss of the insured’s right to coverage, provided that the accident has been correctly reported, that the claim has been officially registered, that there is no fraud or violation of the terms of the policy, and that the delay does not affect the insurance company’s ability to assess the damages.”

In response to a question regarding the insurance company’s unjustified refusal to repair, Vetroni said: “If the insurance company refuses the repair unjustifiably despite completing the required procedures and documents, the insured has the right to file a complaint with the (SENDC) unit, which is the authority responsible for examining insurance disputes in the UAE.”

The right to compensation and repair

For his part, an expert and consultant in the insurance sector, Bassam Gilmiran, told Emirates Today: “Under the provisions of the unified vehicle insurance policy in force in the UAE, issued under the regulations of the Central Bank of the Emirates, the insured or the injured party is obligated to inform the insurance company of the accident immediately after it occurs or within a reasonable period, while enabling the company to inspect the damage and take the necessary measures to limit its aggravation.”

He added: “If the accident is reported immediately after its occurrence, the mere delay of the insured or the affected person in starting to repair the vehicle for a month or more does not automatically lead to the loss of the right to compensation or repair, as long as the accident was reported according to the required procedures, and the insurance company was enabled to inspect the vehicle or had the opportunity to do so, and the delay did not lead to an increase in the damages or change their nature, and the delay did not result in actual harm to the rights of the insurance company.”

He continued: “This principle applies whether in cases of comprehensive insurance (loss and damage), or in third-party claims against the insurance company that caused the accident, as the legal basis remains based on proving the accident, and the possibility of verifying the damages and their relationship to the insured accident.”

Gilmerand pointed out the issue of re-inspection in the event of a long delay, saying: “In practice, insurance companies may request a re-inspection if the delay is long, in order to ensure that the damages requested to be repaired are due to the accident itself, and are not the result of subsequent use or another accident.”

He said: “The delay in itself is not considered a sufficient reason to reject the claim, unless it is proven that this delay has harmed the interest of the insurance company, or affected its ability to verify the causes and extent of the damages.”

• Insurance companies may request a re-inspection if the delay is prolonged, to ensure that the damages claimed to be repaired are due to the same accident.