Woman driving under the influence of alcohol ordered to repay insurer Dh19,250

Abu Dhabi: The Abu Dhabi Commercial Court of First Instance has ordered a woman to pay Dh19,250 to an insurance company, in addition to legal interest of 3% from the date the case was filed until full payment, after she was found to have caused a traffic accident while driving under the influence of alcohol and was convicted in a criminal case.

The insurance company filed a lawsuit seeking Dh19,250, legal interest of 9%, court fees, expenses and legal costs, arguing that the defendant caused a traffic accident while driving a vehicle insured by the company while under the influence of alcohol.

The company stated that the woman had been criminally convicted and that it had paid the repair costs of the damaged vehicle. It sought to recover the amount paid from the defendant on the grounds that she had violated the terms and conditions of the insurance policy.

The plaintiff’s lawyer argued that the company had the right to seek recourse against the insured and the person responsible for the accident for the amount paid to a third party because of the breach of the insurance policy.

The court noted that, under the terms of the insurance policy, the insurer is not liable to pay compensation for loss or damage resulting from accidents caused by driving under the influence of drugs, alcohol or substances that impair a driver’s ability to control the vehicle.

It added that the criminal judgment established that the defendant was in an abnormal condition at the time of the accident and had been convicted. The court considered this sufficient evidence of her liability, particularly as she had been properly notified of the case but did not appear before the court.

The court further found that the defendant was liable for the claimed amount, entitling the insurance company to compensation for the delay in payment in the form of legal interest.

It therefore ordered the defendant to pay Dh19,250, along with legal interest of 3% from the date of the claim until full settlement, as well as court fees, expenses and Dh200 in legal costs.