Dubai Court Rejects Parents AED 200,000 Compensation Request for Son Accident
The Dubai Civil Court of Appeal upheld a lower court's decision to dismiss a lawsuit brought by two parents.
As They wanted the insurance company to compensate them with 200,000 dirhams for the loss of their son, who was killed in a motorcycle accident.
A Lawsuit Against an Insurance Company
The case revolves around the parents, who filed an appeal before the Civil Court of First Instance. They contested a decision made by the Insurance Dispute Settlement and Resolution Committee. Their demand was to oblige the insurance company to provide the motorcycle's insurance policy, cancel the committee's decision, and make the company pay them 200,000 dirhams.
This compensation was for the damages they suffered due to their son's death in the accident. They also sought a legal interest of 12% from the date of filing the lawsuit until full payment.
Insurance Dispute Settlement and Resolution Committee
The parents argued that they had submitted a complaint to the Insurance Authority and had a dispute with the company before the Dispute Resolution Committee.
However, the committee rejected their dispute. They believed that the committee's decision was unfair. Their son was riding an insured motorcycle at the time of the accident, and they were the legal heirs of the deceased. They had suffered significant losses due to the death of their only breadwinner. Furthermore, the deceased had a wife and children, and he was supporting all of them.
Insurance Policy Coverage
To support their case, the parents provided evidence such as a copy of the accident report, a copy of the traffic court's decision to dismiss the case, the testimony of the legal heirs, and the testimony of a breadwinner.
On the other hand, the defendant company argued that the case should be rejected and the committee's decision should be upheld. They claimed that the deceased son was not included in the insurance coverage. They presented documents, including the motorcycle insurance policy, which lacked any coverage for the driver.
The court emphasized that it is the plaintiff's responsibility to prove their claim and provide evidence that supports it. If they fail to do so, they lose their claim. The court referred to the insurance policy, which stated that insurance does not cover civil liability resulting from accidents involving the insured vehicle. This includes accidents that happen to the insured, the vehicle driver, or individuals working for the insured, provided that they were injured during or because of work, unless they have additional coverage.
After reviewing the case, the court found that the plaintiff parents had filed a complaint demanding compensation for the death of their son in a motorcycle accident. However, the court noted that the insurance policy did not include coverage for the driver. As a result, the court considered the committee's decision to reject the dispute valid, leading to the rejection of the appeal. The Court of Appeals upheld this decision.
