No insurance claim if car is stolen due to owner's fault

Samir El Azrak represents Al Moutawaa Wa Al Azrak Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send it to Khaleej Times, Dubai, P.O. Box 11243.



By Samir El Azrak (Legal view)

Published: Tue 22 Jul 2008, 1:47 AM

Last updated: Sun 5 Apr 2015, 6:13 PM

Q. I had a brand new car. Sometime ago, I started the car and left the engine on before a supermarket and went in to buy some grocery items. Five minutes later when I came back, the car was gone. I reported the incident to the police and sought compensation from the company with which the car was insured. However, the company refused claiming that my fault and recklessness were behind the robbery. Is the company entitled to that refusal? Please, advise.

A. First of all, you should bear in mind that good faith, though not clearly stipulated in law, is essential in this regard. Otherwise, any insurer will refuse to pay money in compensation to a stolen item under its insurance. The client, whose insured vehicle is stolen, should have taken all precautions to be eligible for compensation.

If the police report shows that the car was irresponsibly left on in a public place, and the complainant had failed to take precautionary measures to protect it against robbery, the insurance company will not be bound to pay any compensation. Such a person has failed to abide by good faith obligations implicitly stipulated in the insurance contract he concluded with the insurer.

Hiking rent for two consecutive years illegal

Q. I rented an apartment in Dubai under a tenancy contract, annually renewable. At the start of the second year, the property company managing the building's affairs, including my apartment, hiked the rent which I accepted. Two months before the end of the second year, the company again hiked the rent by 15 per cent. I was also threatened with eviction if I refused to pay the new rent. Is this legally right?

A. As the rent was increased last year, the property company managing your apartment is not entitled to any further hikes in rent.

As per the tenancy laws and recently modified rent cap in Dubai, the company can only hike the rent by five per cent, that too if it had not increased the rent in the previous year. If the landlord or the property company representing him insists on any illegal or excessive hike in the rent, the tenant may file a suit before the Tenancy Dispute Committee of the Dubai Municipality.

Expatriate can approach embassy for help in divorce

Q. I am a Pakistani woman. I work and stay in Abu Dhabi. My husband works in Dubai. For some reason, a divorce has become inevitable. Whom shall I approach for help in this regard?

A. You may refer the issue to the embassy or consulate representing your country here. Divorce may be issued and endorsed there. Otherwise, your request may be referred to the court, which would enforce the UAE personal status law unless you or your husband sought the implementation of the law enforced in your country, Pakistan. If any violation of the Islamic Shariah rulings is committed, the UAE law shall be implemented.

· Compiled by Ahmed Shaaban


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