Minor without driving licence steals car, totals it in Abu Dhabi accident

The Abu Dhabi Family, Civil and Administrative Cases Court ruled that a guardian must pay Dhs74,081 to an individual in a case involving the guardian's minor son stealing a car, driving it, and causing an accident resulting in the car's damage. The court also ordered the guardian to pay the fees and expenses of the lawsuit.

The court heard that a minor without a driving licence stole a car without the owner's permission. Due to his recklessness and lack of consideration for road conditions and traffic instructions, as well as his failure to respect applicable laws, he caused an accident that resulted in damage to the car.

This resulted in irreparable damage, rendering the car unfit for use.

The car owner was therefore forced to rent a car from a rental office, which resulted in significant financial losses. He filed a lawsuit demanding that the minor's guardian pay him Dhs200,000 for the value of the car, compensate him for renting a vehicle for over one year and six months, and pay the value of the vehicle release invoices. This was to be paid in his personal capacity and as the natural guardian of his son, who caused the damage as a result of his proven mistake.

The owner also demanded legal interest at a rate of 9% from the date of the legal claim until full payment and the payment of fees, expenses and attorney's fees.

As a juvenile under sixteen years of age, the minor was referred to the Public Prosecution Office, which investigated the incident and ultimately referred him to the Misdemeanour Court.

A criminal case was filed against him as a family prosecution case, and he was found guilty.

As the minor and his guardian could not appeal this ruling, it became final and binding.

The Court appointed an expert to determine the damages incurred by the car owner as a result of the accident, as well as the market value of the damages caused by the minor. In his report, the expert concluded that the car was not roadworthy and a total loss, as the cost of repairing it exceeded 50% of its market value of Dhs80,000 at the time of the incident.

The market value of the wreckage was estimated at Dhs15,000. Therefore, the car owner was entitled to Dhs65,000 for the car's market value, plus Dhs1,081 for releasing the car from impoundment.

According to the expert's assessment, the car owner is also entitled to compensation for loss of use of his vehicle in the amount of Dhs5,000 and compensation for moral damages in the amount of Dhs3,000. Therefore, the court ruled that the minor's guardian must pay the car owner Dhs74,081.

Regarding the car owner's claim for compensation for the cost of renting a vehicle for over one year and six months, the court clarified that the case documents contained no evidence that he had rented a replacement car. Instead of invoices for the rental of a replacement car, a price quote for the rental of a replacement car was attached. Therefore, the court ruled to reject this part of the claim for financial compensation in its current form.