# Accident aftermath procedures



## raisun (Jan 15, 2018)

My wife was involved in an accident in U.A.E on 07/01/2018. She hit a person crossing the road. The persons left leg broke. He was admitted in Sheikh khalifa hospital Umm Al Quwain. He had to undergo surgery and have a metal fit to his leg(below the knee). As per doctors he will be able to walk in 1 to 2 months and it will take 6 months for the bones to get fully joined. Luckily no other serious injuries are there.
The police said there are two options:
1. try for a compromise with the injured person, to pay him for his grievances. and let him give an undertaking that he has no complaint.
2. Or else he will have to go to court for the compensation from the insurance company, which is a lengthy process.
This is the situation:
1. Our car is a new car less than one year with full insurance.
2. We were ready to pay him but he is asking for huge amount, which we cannot afford.
My questions are
1. if this goes to court, what are the procedures we have to follow? Do we have to hire a lawyer?.
2. What will be the legal implications for my wife?.
3. How can we prepare ourselves for the legal procedures.
It was not entirely our fault that the accident occured, but we are willing to overlook that just to get this over with. We cant handle the stress and emotional pain after this incident.
I know that the payment will be done by insurance company and they will hire a lawyer for the compensation but what about us, what will happen to us.
The police haven't registered a case yet, also my car also needs repair. They haven't given the paper to repair my car also. They said we will have to wait until it is sorted out.
Can anyone help me please.
Thank you


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## Stevesolar (Dec 21, 2012)

raisun said:


> My wife was involved in an accident in U.A.E on 07/01/2018. She hit a person crossing the road. The persons left leg broke. He was admitted in Sheikh khalifa hospital Umm Al Quwain. He had to undergo surgery and have a metal fit to his leg(below the knee). As per doctors he will be able to walk in 1 to 2 months and it will take 6 months for the bones to get fully joined. Luckily no other serious injuries are there.
> The police said there are two options:
> 1. try for a compromise with the injured person, to pay him for his grievances. and let him give an undertaking that he has no complaint.
> 2. Or else he will have to go to court for the compensation from the insurance company, which is a lengthy process.
> ...


Hi,
This is what you pay insurance for.
My advice - refer other party to your insurance company and let them deal with it.
Most insurance companies advise customers not to admit any liability (as it causes them problems if things go to court) or to enter into any verbal or written communication with the other party.
Insurance company will have a legal team - let them deal with it.
Cheers
Steve


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## raisun (Jan 15, 2018)

Stevesolar said:


> Hi,
> This is what you pay insurance for.
> My advice - refer other party to your insurance company and let them deal with it.
> Most insurance companies advise customers not to admit any liability (as it causes them problems if things go to court) or to enter into any verbal or written communication with the other party.
> ...


First of all thank you for taking time to read and answer my question.
I apologize for the post being lengthy and not being specific about my doubts.

What I wanted to know was before the insurance claim, it has to be decided who is at fault. I was told that, according to the UAE law, If it is the pedestrians fault then he is not eligible for the compensation or insurance claim. The court decides who is at fault based on the police report and the info given by the injured and my wife. During this process do we need a lawyer?.
I got varying answers some said yes some said no. If i need a lawyer then it will be expensive and it will be better if i pay him off and get off this mess.
I hope my doubts are clear....and hopefully somebody can clear them.


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## Stevesolar (Dec 21, 2012)

raisun said:


> First of all thank you for taking time to read and answer my question.
> I apologize for the post being lengthy and not being specific about my doubts.
> 
> What I wanted to know was before the insurance claim, it has to be decided who is at fault. I was told that, according to the UAE law, If it is the pedestrians fault then he is not eligible for the compensation or insurance claim. The court decides who is at fault based on the police report and the info given by the injured and my wife. During this process do we need a lawyer?.
> ...


Give it to the insurance company - let them sort it out!


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## raisun (Jan 15, 2018)

Stevesolar said:


> Give it to the insurance company - let them sort it out!


Thank you for the reply.


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## Adeelkhan (Jan 21, 2018)

raisun said:


> First of all thank you for taking time to read and answer my question.
> I apologize for the post being lengthy and not being specific about my doubts.
> 
> What I wanted to know was before the insurance claim, it has to be decided who is at fault. I was told that, according to the UAE law, If it is the pedestrians fault then he is not eligible for the compensation or insurance claim. The court decides who is at fault based on the police report and the info given by the injured and my wife. During this process do we need a lawyer?.
> ...


Hi,

normally Police decides on the spot about guilty and effected party. In your case too Police will decide and then both parties can decide if they want to settle outside court or in court. 

One of my friend was under same situation few months ago and case was settled outside court.

Thank you,


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## raisun (Jan 15, 2018)

Hi
Thanks for replying.
My case is now in the court and the court has given date for 23rd this month for hearing.
My doubt is do we need a lawyer?.
Many of them i inquired said that a lawyer is not required, but some of them said 'yes' and some 'maybe', but no body knows for sure.
I hope somebody could help me.
Just worried
thanx


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## Stevesolar (Dec 21, 2012)

raisun said:


> Hi
> Thanks for replying.
> My case is now in the court and the court has given date for 23rd this month for hearing.
> My doubt is do we need a lawyer?.
> ...


What did your insurance company say?


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## raisun (Jan 15, 2018)

Stevesolar said:


> What did your insurance company say?


I did not check with them. Was planning to call them tomorrow.


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## Chocoholic (Oct 29, 2012)

ALWAYS have a lawyer. The proceedings will be done in arabic and if you don't speak arabic and the claimant does, you are at a disadvantage. Always have an arabic speaking lawyer who can translate for you - otherwise this is where people come unstuck as they sign things they don't understand.

Who's fault did the police decide it was? i.e. if the guy was jaywalking and not using a proper crossing, then obviously it's his fault.


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## Stevesolar (Dec 21, 2012)

raisun said:


> I did not check with them. Was planning to call them tomorrow.


Have you checked the small print of your insurance policy?
Does it include legal cover?
What is the claims process?
What is the process for 3rd party injury claims?

These are the questions be that need to be answered from your documents or from ringing the call centre of your insurance company.

The reason that you need to engage the insurance company - is that many policies have a clause that prevents you from hiring your own lawyer or speaking directly to the other parties and if you do - your insurance company can walk away from the claim.


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## Chocoholic (Oct 29, 2012)

Also, I really hate to add it, but it IS a factor - depending who the guy is your wife hit, many low income workers have been known the deliberately get themselves hi to claim money from people. So knowing who the police decided was at fault is key here.


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