Have you suffered damage - physical, financial, or emotional - as a result of a traffic accident?
As a victim, you have the right to claim compensation before the competent legal authorities, provided you meet a set of requirements. In this article, we will learn about the steps and conditions for filing a car accident compensation claim in Saudi Arabia.
What is an indemnification lawsuit?
A tort claim is a legal action in which individuals seek financial compensation for any form of damage they have suffered as a result of another party's negligence or fault.
What are the conditions for filing a car accident compensation claim in Saudi Arabia?
In order to be able to claim compensation from the other party for the damages you suffered as a result of the traffic accident, a number of conditions must be met, including:
1. Actual and demonstrable harm
Before filing a claim, there must be actual damage caused by the accident, either:
- Physical damage such as damage to a car or other property.
- Physical damages such as injuries.
- Moral damages, if any.
The damage must also be directly related to the incident that occurred.
2. Formally document the incident
Before filing a lawsuit, it is necessary to obtain an official report proving that the accident occurred, which is usually issued by Saudi Traffic or Najm if the vehicles are insured. The report includes:
- Place and date of the incident.
- Parties involved.
- The circumstances of the accident.
3. Submitting the case sheet
When submitting the case sheet, it must include some data, the most important of which are:
- National ID or residency
- A valid power of attorney with an express provision authorizing the pleading, if the applicant is an agent of the beneficiary.
- A valid guardianship deed if the applicant is the beneficiary's guardian.
- National address.
- Plaintiff's and defendant's identification information
4. Determine the causal relationship
The injured person must prove a clear causal relationship between the accident and the damage suffered, so that the damage is a direct result of the traffic incident.
5. The claim must be filed by the stakeholder or his/her legal representative
The lawsuit must be filed by the injured person himself, as he has a direct interest. It may also be filed on his behalf by his legal representative, such as an agent or lawyer.
What are the steps to file a car accident claim in Saudi Arabia?
1. Saudi Traffic / Najm Company (Documentation and Evaluation Phase)
After the accident should:
- Report to traffic if vehicles are uninsured or if there are injuries.
- Use the Najm app to report and assess accidents if there is valid insurance, where the accident is recorded and the percentage of fault and responsibility is determined.
This documentation is an important basis that can be presented as evidence to a court or insurance company.
2. Insurance company
If the injured person or the other party has comprehensive or third-party insurance, the claim for compensation is first submitted to the insurance company in accordance with the terms of the policy. Filing an insurance claim does not mean waiving the right to litigate if the compensation is insufficient.
If the responsible party does not have insurance, the case can be filed immediately after the accident is documented with the traffic police.
3. Najeez Portal
The final claim sheet is submitted via Najeez Portal By following online steps that include:
- Choose the type of case.
- Enter the parties' data.
- Attach documents and evidence.
- Identify the competent court.
The move marks the official start of the judicial proceedings.
4. Competent court
After filing the case through Najeez, the case will be heard by the general court or the court specialized in traffic cases:
- Listening to the parties' statements.
- Studying evidence and testimonies.
The court will then issue a verdict to determine the amount of compensation if the right of the injured person is proven.
In conclusion, after mentioning the conditions for filing a car accident compensation claim, it is important to know that the lawyer plays a pivotal role in proving the damage and achieving the best possible compensation for the victim, especially in cases where compensation is denied or insufficient. To contact Turki Bin Yousef for Lawyers and Legal Consultantsand, uh. Click here. To communicate.
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