Dubai court orders car's driver and owner to jointly pay Dhs1.758m to an insurance company

The Dubai Misdemeanors Court sentenced a driver to one month in prison and fined him Dhs10,000, as well as suspended his driving license for causing serious harm to an Asian national, as he was driving under the influence of alcohol.

Additionally, he was required to pay Dhs1,758,000 in compensation to the injured party. The insurance company subsequently fulfilled the compensation payment.

As a result, the Dubai Civil Court ruled that both the driver and the vehicle owner must jointly reimburse the insurance company Dhs1.75 million, along with 5% legal interest from the date the lawsuit was filed until the amount is fully repaid.

According to case documents, the Dubai Misdemeanors Court had previously established the driver's guilt for driving under the influence and causing an accident leading to severe injuries.

This resulted in his sentencing to one month in jail, a fine of Dhs10,000, and a six-month suspension of his driver's license. The verdict became final as it was not appealed.The Insurance Disputes Settlement Committee initially instructed the vehicle's insurance company to compensate the injured party.

This decision was further amended by the Court of Appeal, increasing the compensation to Dhs1,785,000, a verdict upheld by the Court of Cassation. Consequently, the company paid the injured party Dhs1,758,602.5, covering compensation, interest, and related expenses as per the judgment.

After this payout, the insurance company initiated a civil lawsuit requesting that the driver and vehicle owner reimburse the entire amount. This request was supported by the Unified Vehicle Insurance Policy, which permits the company to seek recourse against both driver and insured if the accident involved driving under the influence of alcohol.

The Court found that a binding criminal judgment had already established the driver's responsibility, preventing any reevaluation of this point in civil court. Additionally, the documentation showed that the insurance company had duly paid the awarded compensation, thereby qualifying it for a refund. It was explained that the vehicle belonged to a restaurant where the driver was employed, thus making the restaurant jointly liable with the driver for repayment under laws concerning employer liability for employee actions.

Moreover, the Court dismissed the insurance company's bid to restrict the driver's travel due to unpaid court fees.

It ordered both the driver and the restaurant to jointly repay the insurance company Dhs1,758,000, with additional legal interest at 5% from the date of filing until full settlement, alongside court fees, expenses, and attorney's fees.