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A speeding driver causes death – should insurance cover this?

Published in: The National

Blood money paid to Indian family after man was killed in head on collision.

The family of a man killed when a motorist drove head on into traffic has been awarded Dh500,000 in compensation.

Abu Dhabi Commercial Court ordered the Emirati driver's insurance company to pay the man’s parents, wife and two daughters following the fatal collision in January, 2016.

Court documents stated the unnamed motorist was driving against the flow of traffic in Al Dhafra when he lost control of his vehicle because he was speeding.

The collision caused the Indian victim to veer off the road where his car flipping over. He sustained serious injuries in the accident and was rushed to hospital, but died days later.

“He was the only breadwinner for his parents, wife and two daughters, and with his death, the family was left without any income,” said legal consultant Dr Hassan Elhais from Awatif Mohammad Shoqi Advocates & Legal Consultancy, representing the family of the deceased.

Police reports said the Emirati driver was solely responsible for the accident because he was speeding and driving a car that did not belong to him against the flow of traffic.

The family of the deceased filed a lawsuit against the Emirati driver’s insurer and the vehicle’s owner, demanding compensation according to article 26 of traffic law 21/1995.

The insurance company submitted a memorandum requesting the claim be dismissed as it was not responsible for the death or damages caused by the speeding motorist.

The court, however, dismissed the claim, ordering the insurance company to pay Dh200,000 in blood money and Dh300,000 in compensation.

The insurance company was also ordered to pay all legal fees.

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