Claiming damages due to accident

Nov 5, 2021 | Miscellaneous

Question :-

A person knocked my vehicle by accident. He agreed to pay for the damages caused to my vehicle. Due to the accident, my vehicle had to be at the panel beater for a period of 3 weeks. During this period I had to pay for transport from my personal funds. Can I claim these expenses in terms of Shariah?

 

 

Answer:-

In the queried scenario, the Muslim brother will be liable for repairing your vehicle which he had accidentally knocked. However, he cannot be held liable for any additional expenses that you may have incurred, due to not having a vehicle whilst it was being repaired.

 

References:-

 

 في طريق العامة (والراكب ضامن لما وطئت الدابة وما أصابت بيدها) أو رجلها أو صدمته برأسها (أو كدمت): أي عضت بفمها؛ لإمكان التحرز عنه (اللباب – كتاب الديات)

 

ALLAH TA’ALA KNOWS BEST!

 

 

ANSWERED BY:-

Mufti Mohammed Desai

Date:- 29 Rabi-ul-Awwal 1443 / 05 November 2021

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