Abu Dhabi court orders Dhs30,000 compensation in hit-and-run case

The Abu Dhabi Family, Civil and Administrative Cases Court ruled that a car driver and an insurance company must pay Dhs30,000 in compensation to a person who was run over by the driver’s vehicle.

The driver failed to exercise the utmost care and caution, refused to help the victim or arrange for assistance without justification, fled the scene of the accident without an acceptable excuse and failed to comply with traffic signs, rules and etiquette established to regulate traffic, as he was preoccupied with something other than the road.

Specifically, an individual filed a lawsuit against a vehicle driver and an insurance company, requesting that they jointly pay him Dhs150,000 in compensation for the material and moral damage he suffered as a result of the accident he was involved in. This sum is to accrue legal interest at a rate of 5% until the date of full payment, as well as covering fees, expenses and attorney fees.

The plaintiff filed his claim on the basis that the driver ran him over while driving the vehicle, resulting in several injuries. As a result, a criminal case was filed and a judgment was issued. The driver’s actions caused material damage by harming the complainant’s body and injuring him, as well as moral damage in the form of psychological and physical pain and phobia.

The court explained that, based on the previous criminal case, the charge against the driver was that he had caused harm to the victim’s body through his negligence, recklessness and lack of caution by running him over with his vehicle without exercising the utmost care and taking the necessary precautions. This resulted in the accident and injuries to the victim.

The driver also failed to help the victim or call for assistance without justification.

Furthermore, the driver caused unintentional damage using the vehicle in a manner that violated traffic law. The driver fled the scene of the accident without an acceptable excuse, as evidenced by the investigation. Additionally, the driver did not comply with traffic signs, rules and etiquette established to regulate traffic by driving the vehicle on a public road while being preoccupied.

The court also noted that, according to Articles 292 and 293/1 of the Civil Transactions Law, anyone who causes harm to another person is obliged to provide compensation. The driver was at fault for causing a traffic accident, resulting in damage to the injured party in the form of both moral (pain, grief and sorrow) and material (harm to physical safety) harm.

The court cannot be at fault if it awards total compensation for all the damage suffered by the injured party, provided it clarifies the elements of the damage for which co

mpensation is awarded. Accordingly, the court awarded the plaintiff comprehensive compensation of Dhs30,000 for the damage he suffered.