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02 March 2024

Car owner's verbal notice to insurance firm on accident is valid

By Mohammad El Sadafy

The Dubai Court of Cassation has issued a new principle regarding car insurance claims.

An insurance firm’s knowledge about an incident serves as written notification, ruled the court.

Based on this principle, the Court of Cassation rejected the verdict of the Court of First Instance, which had rejected the lawsuit filed by a car owner against one of the insurance companies.

The plaintiff [car owner] claimed that when his car was stolen from Ajman, he had informed the director of the insurance company verbally.

The lower court rejected his claim citing that he had failed to notify the insurance company in writing.

The plaintiff had filed a lawsuit demanding  Dh235,000  from the insurance company.

The Court of First Instance dismissed the lawsuit saying that the owner failed to notify the insurance company in writing.

So the owner moved the Court of Cassation.

The Court of Cassation annulled the previous judgment reasoning that the insurance company knew that the car was stolen as the fact was verbally conveyed to the company.

But as it is clear that the car owner met with the insurance company official, and told him of the incident, such a step serves as a written notification.

[Image via Shutterstock]