The principle of absolute liability and the importance of valid car insurance

As stated, the principle of absolute liability in road accidents, stipulates that a driver who is injured in a road accident will be entitled to compensation for bodily injuries from which he suffered regardless of the question of guilt. That is, he is not required to prove the other party’s liability for the accident in order to receive monetary compensation and he will even be entitled to it even if he himself is guilty of it. It is important to note that bodily harm includes both physical and mental harm. The compensation is paid by the insurance company which insured the vehicle with a compulsory insurance policy. Therefore, the driver will only be able to receive such compensation if he had valid compulsory insurance at the time of the accident. If the driver was driving at the time of the accident without a valid compulsory insurance policy, he will be required to prove the other driver’s liability in the accident and only then will he be able to receive monetary compensation. That is, without compulsory insurance, the principle of absolute liability that provides compensation without the question of guilt under the Law, does not apply. The injured driver will therefore be required to file an ordinary tort claim under the Torts Ordinance, and prove the liability of the other driver, and if he does not meet the burden of proof, he will not be able to receive compensation.