MOTOR ACCIDENTS CLIAMS AND PROCEDURES IN SHARJAH....

MOTOR ACCIDENTS CLIAMS AND PROCEDURES IN SHARJAH....

 Accidents happen on a daily basis, and you should be aware of the proper procedures should an accident happen

Being involved in a road traffic accident can leave you with anything from minor bruising to serious head or spinal injuries. If unfortunately you get involved in a horrific road accident in Sharjah, which was not in any way your fault, then you may be entitled to a compensation claim against personal injury. In a situation where the accident occurred while traveling in a taxi, bus or train then you may be entitled to claim from an insurance company. But with respect to personal injury claims, there is always the problem of the claiming compensation amount. In this article, we will provide a brief overview of how court procedures in Sharjah influence the compensation claimed and factors which may come into play while the proceedings.

By virtue of Art 282, 283 and 284 of the Federal Law No. 5 regarding Civil Transactions of 1985, road accidents causing personal injury in Sharjah will fall under tortuous liability and the damages are calculated based entirely on the direct or indirect connection between the party that commits the act and injury party. The injured victim becomes entitled to all the damages and loss incurred as a result of the accident which may include any damages to clothing, property, psychological, and moral harm.

If you have a collision with another car, regardless of intensity or apparent fault, then you are required by law to stop. Driving away from the scene of a collision is illegal, and failure to stop after an accident will result in a Dh500 fine, six black points, and the confiscation of your vehicle for seven days.

If you have caused serious injury and driven off, then your punishment will be decided by the courts, as well as receiving black points (which could be a ban) and the confiscation of your vehicle for a minimum of 60 days.

 

In Sharjah, the amount of compensation varies from case to case and it depends on factors such as:

– The age of the injured party at the time of the accident;

– The moral sufferings he/she faced;

– The victim’s income and the amount the victim spent on supporting his family;

– The amount he/she spent on the medical reports and treatment;

– The limit of harm inflicted on the aggrieved person;

 

Before awarding damages to the victim, the judge will take these above factors into consideration and the amount to be paid is at the discretion of the judge. However, in order to claim compensation by a victim, a fault needs to be established. Tortious liability consists of three basic elements which include fault, damage and a causal link. Events caused by itself is not enough to create legal liability. And proving a fault and damages existed will often be held to entail a presumption of causation link which may be rebutted upon the intervention of a foreign element. Another procedure of establishing causation is through ‘’but-for’’ test which inquires ‘But for the defendant’s act’’, would the harm have occurred’? It asks was it ‘necessary’ for the defendant’s act to have occurred for the harm to have occurred. The presumption may be rebutted through the intervention of a foreign element, for example a third party’s act, or a victim contribution.

The concepts like negligence, duty of care and factual causation do not exist in the laws of Sharjah. Nonetheless, they exist in principle and are enforced regularly by the courts. One has to go through the complex court proceedings so as to claim compensation—which of course is based solely at the court’s discretion.

 

The following documents are very important in time of motor accidents 

  • Original police report

  • copy of Registration card (both sides)

  • DL copy

  • Claims form to be filled & signed by insured

GENERAL GUIDE LINES 

  • Determine any injuries: The most important thing to do immediately after a car accident is to assess any injuries you or the other drivers and passengers have received. Determine your own safety, then check with the other people involved and, if necessary, immediately call for an ambulance.

  • If you can safely drive your vehicle, move it off to the side of the road and out of the path of oncoming traffic. This will keep you at a safe distance from traffic while you exchange information with the other drivers and make it easier for police and ambulance workers to reach the scene of the accident.

  • Call the police

  • Police will take statements from all drivers involved in the car accident and determine if a police report is necessary. This information will be important when filing insurance claims for your automobile accident. Write down the investigating officer’s name and badge number in case your insurance agent or attorney needs to contact the officer.

  • Get the names, addresses and phone numbers of all the other drivers involved in the traffic accident. Write down the make, model, year and license plate number of each vehicle. Be sure to obtain all insurance information including the company, policy number and any insurance agent contact information the driver can provide.

  • Photograph damage to your car and the other vehicles involved in the accident. This will help document the damage when you submit an accident claim to your insurance company.

  • Obtain names and contact information for any witnesses of the accident. Write down their account of what happened and make sure they agree to allow your attorney or insurance agent to contact them.

  • Stay where you are

  • Stay with your vehicle until the police have arrived and filed any necessary reports and all pertinent information has been exchanged. Leaving the scene could result in criminal charges or misrepresentation of the accident

  • Keep records of any hospital visits, tests, prescriptions or other expenses that arise as a result of your auto accident. This information will be needed by your insurance company and attorney.

  • Immediately report the car accident to your insurance company. Also provide the insurance company with information on the other driver. Immediately filing a claim will speed up the process of getting your car repaired and securing a rental vehicle, if necessary.

  • information with the other drivers and make it easier for police and ambulance workers to reach the scene of the accident.

  • Call the police

  • Police will take statements from all drivers involved in the car accident and determine if a police report is necessary. This information will be important when filing insurance claims for your automobile accident. Write down the investigating officer’s name and badge number in case your insurance agent or attorney needs to contact the officer.

  • Get the names, addresses and phone numbers of all the other drivers involved in the traffic accident. Write down the make, model, year and license plate number of each vehicle. Be sure to obtain all insurance information including the company, policy number and any insurance agent contact information the driver can provide.

  • Photograph damage to your car and the other vehicles involved in the accident. This will help document the damage when you submit an accident claim to your insurance company.

  • Obtain names and contact information for any witnesses of the accident. Write down their account of what happened and make sure they agree to allow your attorney or insurance agent to contact them.

  • Stay where you are

  • Stay with your vehicle until the police have arrived and filed any necessary reports and all pertinent information has been exchanged. Leaving the scene could result in criminal charges or misrepresentation of the accident

  • Keep records of any hospital visits, tests, prescriptions or other expenses that arise as a result of your auto accident. This information will be needed by your insurance company and attorney.

  • Immediately report the car accident to your insurance company. Also provide the insurance company with information on the other driver. Immediately filing a claim will speed up the process of getting your car repaired and securing a rental vehicle, if necessary.

 


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