Obliging a young man to pay 30 thousand dirhams in compensation for damaging a car

The Al Ain Court of First Instance ruled that a young man was required to pay his friend an amount of 30,000 dirhams, as compensation for the serious damage he caused to his car, after he borrowed it for two days and committed an accident with it that rendered it a total loss.

In detail, a young man filed a lawsuit against his friend, in which he demanded a ruling requiring the defendant to pay 30,000 dirhams in compensation for damage to the car, while obligating him to return the car or its value amounting to 35,000 dirhams, and obliging him to pay fees and expenses, noting that the defendant asked him to use his car. For two days due to his need for it, he handed him the vehicle, but the defendant did not return it, and he committed a traffic accident with it and destroyed it.

The report of the engineering expert assigned by the court showed that the defendant borrowed the plaintiff’s car, and committed a traffic accident with it that led to serious damage to the car. Experts believe that the car has become a total loss, due to severe damage to the “chassis”, engine, and other parts of the vehicle, as a result of The accident is the subject of the lawsuit, and its market value before the accident was 25 thousand dirhams, and the market value after the accident (the value of the wreckage) is estimated at 3,000 dirhams.

For its part, the court explained in the merits of its ruling that tort liability does not exist unless its elements are present, such as error, damage, and a causal relationship linking them, so that if one element of it expires, the entire liability expires, noting that what is proven from the papers is that the defendant borrowed the plaintiff’s car, and committed an accident with it. Traffic resulted in serious damage to the car and it became unusable. The plaintiff filed his lawsuit to claim the value of the car, in addition to compensation. What is confirmed from the report of the appointed expert in the case, which the court is reassured by is the adequacy of its research and the soundness of the foundations upon which it was built, that the defendant was the one responsible for the accident. Damage to the vehicle, which provides an error on the part of the defendant, and this error has resulted in harm to the plaintiff, represented by damage to his car as a result of losing use of the vehicle, and there is a causal relationship between the error and the damage, and the defendant is responsible for compensating the plaintiff for what was caused. It causes damage.

Regarding the request for compensation, the court indicated that, according to the provisions of the Civil Transactions Law, “any harm to another obliges the perpetrator, even if he is not discerning, to guarantee the damage,” noting that the plaintiff has suffered damage represented by the damage to his car and the loss of the use of it, after it became in use. A total loss ruling. The market value of the car decreased to 3,000 dirhams after the accident. There was a causal relationship between the fault and the damage. The defendant is legally obligated to compensate the plaintiff for those damages. The court estimates the compensation due to the plaintiff at 8,000 dirhams. The court ruled to oblige the defendant to pay the plaintiff 30 thousand dirhams, obligating him to pay the lawsuit’s fees and expenses, and all other requests were rejected.