Civil claim launched against reckless driver convicted of killing man’s wife



ABU DHABI // A man is claiming almost half a million dirhams in compensation “for his traumatised emotional state” after a reckless driver caused the death of his new bride in a road crash and left him jobless.

On Wednesday, the Civil Court heard that the man was driving on Al Raha Beach road’s left lane along with his wife, when a driver crashed into them from behind. The woman died and he suffered injuries, which eventually led to him being fired from his job, he claimed.

The widower filed a lawsuit at the Civil Court against the driver’s insurance company to pay him Dh450,000.

He urged the court to refer him for medical examination to show the percentage of disability and physical injuries that he suffered after the crash.

The report issued by the traffic department showed that while the two cars were driving on Al Raha Beach road’s left lane, the driver of the rear car was reckless and speeding which led him to crash into the couple’s vehicle.

This was the main reason for the passenger’s death and the driver’s injuries, the report concluded.

The motorist was already convicted by the Bani Yas penal court of manslaughter and unintentionally causing injuries to the man.

However, the man was unsatisfied with the verdict and claimed further compensation, “for losing his physical fitness which caused him pains and suffering while undergoing medical treatment, and after that his traumatised emotional state for losing his bride which drove him to lose his job after his employers terminated his services”.

The Bani Yas First Instance Court ordered the insurance company to pay the man Dh30,000 in compensation.

Both parties appealed against the verdict, and the Appeals Court raised the Dh30,000 to Dh50,000, plus interest.

The insurance company took the matter to the Court of Cassation.

However, the court rejected their request and upheld Appeals Court ruling.

hdajani@thenational.ae

The specs

Engine: 4.0-litre V8

Power: 503hp at 6,000rpm

Torque: 685Nm at 2,000rpm

Transmission: 8-speed auto

Price: from Dh850,000

On sale: now

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Key changes

Commission caps

For life insurance products with a savings component, Peter Hodgins of Clyde & Co said different caps apply to the saving and protection elements:

• For the saving component, a cap of 4.5 per cent of the annualised premium per year (which may not exceed 90 per cent of the annualised premium over the policy term). 

• On the protection component, there is a cap  of 10 per cent of the annualised premium per year (which may not exceed 160 per cent of the annualised premium over the policy term).

• Indemnity commission, the amount of commission that can be advanced to a product salesperson, can be 50 per cent of the annualised premium for the first year or 50 per cent of the total commissions on the policy calculated. 

• The remaining commission after deduction of the indemnity commission is paid equally over the premium payment term.

• For pure protection products, which only offer a life insurance component, the maximum commission will be 10 per cent of the annualised premium multiplied by the length of the policy in years.

Disclosure

Customers must now be provided with a full illustration of the product they are buying to ensure they understand the potential returns on savings products as well as the effects of any charges. There is also a “free-look” period of 30 days, where insurers must provide a full refund if the buyer wishes to cancel the policy.

“The illustration should provide for at least two scenarios to illustrate the performance of the product,” said Mr Hodgins. “All illustrations are required to be signed by the customer.”

Another illustration must outline surrender charges to ensure they understand the costs of exiting a fixed-term product early.

Illustrations must also be kept updatedand insurers must provide information on the top five investment funds available annually, including at least five years' performance data.

“This may be segregated based on the risk appetite of the customer (in which case, the top five funds for each segment must be provided),” said Mr Hodgins.

Product providers must also disclose the ratio of protection benefit to savings benefits. If a protection benefit ratio is less than 10 per cent "the product must carry a warning stating that it has limited or no protection benefit" Mr Hodgins added.

Company%20Profile
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The years Ramadan fell in May

1987

1954

1921

1888

If you go

The flights
Emirates and Etihad fly direct to Nairobi, with fares starting from Dh1,695. The resort can be reached from Nairobi via a 35-minute flight from Wilson Airport or Jomo Kenyatta International Airport, or by road, which takes at least three hours.

The rooms
Rooms at Fairmont Mount Kenya range from Dh1,870 per night for a deluxe room to Dh11,000 per night for the William Holden Cottage.

COMPANY PROFILE
Name: ARDH Collective
Based: Dubai
Founders: Alhaan Ahmed, Alyina Ahmed and Maximo Tettamanzi
Sector: Sustainability
Total funding: Self funded
Number of employees: 4
Company%20Profile
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COMPANY PROFILE
Name: Airev
Started: September 2023
Founder: Muhammad Khalid
Based: Abu Dhabi
Sector: Generative AI
Initial investment: Undisclosed
Investment stage: Series A
Investors: Core42
Current number of staff: 47
 
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