Rights of Injured Parties in Car Accidents to Claim Compensation from Insurance Companies under Jordanian Law
Under Jordanian law, individuals injured in car accidents are granted specific legal rights to seek compensation directly from insurance companies. These rights are governed by a combination of legislative texts and regulatory provisions. The following outlines the key legal principles:
1. Right to File a Claim
Injured individuals are entitled to file a claim against the insurance company by submitting an official claim document. This right is established under the framework of insurance regulations and is recognized as a fundamental step in seeking compensation.
2. Obligation of the Insurance Company
Insurance companies are legally obligated to compensate third parties for damages the insured party is liable for. This liability is assessed based on:
The terms and conditions stated in the insurance policy.
Judicial interpretations and rulings under applicable laws and regulations.
3. Direct Legal Recourse Against the Insurer
Jordanian law explicitly permits injured parties to file claims directly against insurance companies without involving the insured party, based on:
Article 13(b) and Article 3 of the Mandatory Insurance System.
Article 17 of the same system, which affirms the right of the injured to submit direct compensation claims.
4. Compensation According to Regulatory Instructions
The insurer is required to compensate injured parties as outlined in Article 9, Paragraph 2 of the Mandatory Insurance System. Compensation is determined based on:
Predefined amounts set forth by instructions issued by the Director General of the Insurance Authority.
These limits are non-negotiable for reduction, but parties may agree to increase them in exchange for an additional premium.
5. Conditions for Filing a Direct Lawsuit
To file a direct lawsuit against the insurance company, certain legal requirements must be satisfied:
The injured party must have exhausted all rights or claims against the insured party.
If the insured party disputes liability or the amount of compensation, they must be included as a defendant in the lawsuit.
If the injured party sues the insurance company exclusively, and the necessary conditions for a direct claim are not met, the court will dismiss the case.