The non-validity of the driver’s license exempts an insurance company from paying the blood money

The Dubai Court of Cassation overturned a ruling issued by the Court of Appeal in a civil case, based on an appeal by the Public Prosecutor decided in the interest of the law.

The merits of the case are that the plaintiff driver filed a lawsuit against the insurance company to oblige it to pay him an amount of 150 thousand dirhams. The plaintiff stated in support of his claim that on March 11, 2011, he caused a hit-and-run accident while driving the vehicle in question, which was insured by the defendant, resulting in the death of the hit-and-run. He added that he owed a final criminal ruling, obliging him to pay the legal blood money imposed on him to the heirs of the deceased, so he paid the legal blood money to the heirs of the deceased.

Since the vehicle was insured by the defendant, he returned to it demanding the blood money he had paid, but the court of first instance ruled to reject the case on the basis that the driver’s license had expired. The plaintiff appealed that ruling before the Court of Appeal, which overturned the ruling and ruled again to oblige the insurance company to pay him the value of the blood money claimed and awarded to him.

The defendant insurance company submitted a request to the Public Prosecutor to appeal the appeal ruling, in accordance with Article 174 of the Civil Procedure Code, because the appeal ruling is one of the rulings that the law does not permit opponents to appeal by cassation, as it was issued within the limits of the final quorum of the Court of Appeal.

The Attorney General, Head of the Civil Prosecution, Counselor Abdullah Muhammad Al-Tunaiji, directed the preparation of a memorandum of appeal against the appellate ruling after studying the request from the First Prosecutor of the Civil Prosecution, Tariq Al-Naqbi, as it became clear from the study of the appellate ruling that it included a violation of the law, and an error in its application, as it was considered non-renewal of the license. Driving the driver at the time of the accident does not negate the insured driver’s right to insurance, nor does it negate the insurance company’s responsibility to pay the amount of legal blood money to the driver who caused the accident after paying it to the heirs. And return to her.

The request was presented to the Attorney General, Counselor Essam Issa Al-Humaidan, who directed to approve it and appeal the appeal ruling of cassation in the interest of the law.

In this regard, the Court of Cassation stated in its ruling on the appeal submitted to it by the Public Prosecutor that if a driving license is no longer valid upon the expiration of the period legally specified for its renewal, without an acceptable excuse, it does not permit its owner to legally drive a car before renewing it, or to obtain a new license within certain limits. Permitted by the licensing authority, and in accordance with the conditions stipulated by law.

The insured, the owner or driver of the car, also has no right to demand that the insurance company pay the amount of legal blood money imposed on the person who caused the accident, and the latter has the right to insist on this payment in its confrontation.

The Court of Cassation ruled to overturn the appeal ruling and uphold the appealed ruling rejecting the insured’s claim by the insurance company.