After a Collision or Run-Over: The Record and Your Rights
A collision or run-over happens in seconds, yet its legal effects last years, and much depends on what driver and injured person did in the first few hours. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out what the laws in force say about those hours, for both sides.
First, help the injured person
Traffic Law No. 8 of 2019 ties the penalty directly to the driver's conduct after a run-over. Article 37(1) treats it as an aggravating circumstance when a driver commits a run-over and does not at once take the victim to the nearest hospital or health centre, or give help in any way if moving the victim is impossible, or leaves the scene without the investigating authority's permission. Article 37(2) treats it as a legal mitigating excuse when the driver promptly takes the victim to hospital, or immediately informs police where transport is impossible. Articles 35 and 36 raise the penalty where the driver fails to help or summon help though able to, or flees without informing the authorities.
Reporting and complaint
Under article 1 of the Criminal Procedure Code No. 23 of 1971, criminal proceedings start with an oral or written complaint to the investigating judge, an investigator or any officer at a police station, made by the injured party or anyone aware of the offence. Article 48 requires anyone who gives medical help in a case suggesting a crime to report it at once. Most accident files therefore begin at a police station or a hospital and then move to the competent investigating judge.
The accident scene sketch
Article 31(3) of the Traffic Law allows courts to rely on photographs and data from monitoring equipment, alcohol testing devices, the accident scene sketch and the licence withdrawal receipt prepared by a traffic officer of at least non-commissioned rank. The sketch, showing where the vehicles stood, their direction of travel and any braking marks, can later decide the question of fault. Each side may review what it records and put observations to the investigator.
Preserving evidence
Beyond the sketch, useful material includes photographs of the scene and vehicle positions before they are moved, names and numbers of witnesses, footage from nearby shop cameras, which is usually overwritten within days, and the first medical report from the receiving hospital. In death cases a forensic medicine report is requested. This is the material later used in Criminal liability in traffic accidents and Civil compensation claim for a traffic accident.
Notifying the insurer
The Compulsory Motor Insurance Law No. 52 of 1980 makes written notice a condition. Article 13 removes the right to claim if the injured person, the insured or the driver does not notify the insurer in writing within one year of the accident or of the injured person learning of it. Article 16 requires the insured to notify the insurer within fifteen days of learning of an accident causing covered harm, and to pass on letters, claims, warnings and court papers as soon as received. If the car is unidentified, article 9 requires the accident to be recorded with the police within seven days.
Arrangements between the parties
The driver or his family may offer the injured person money in the first days. Article 6 of the insurance law bars the insured from offering or accepting any compensation arrangement without the insurer's written consent, and such an arrangement does not bind the insurer without it. On the criminal side, article 36 of the Traffic Law says the prison term in death cases falls away where the parties waive and reconcile, though the fine remains. Putting any waiver in writing before the investigating judge keeps it on the record.
Legal basis and sources
- Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 31, 35, 36 and 37
- Compulsory Insurance against Motor Vehicle Accidents Law No. 52 of 1980 (Official Gazette No. 2766 of 31/3/1980) — Articles 6, 9, 13 and 16
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 1 and 48
Frequently asked questions
Does taking the injured person to hospital reduce the driver's penalty?
Yes. Article 37(2) of the Traffic Law treats it as a legal mitigating excuse.
Where is a complaint filed after an accident?
With the investigating judge, an investigator or any officer at a police station, under article 1 of the Criminal Procedure Code.
Must the insurer be told?
Yes, in writing within one year under article 13, and the insured must notify it within fifteen days under article 16.
Related topics and articles
- 01Criminal Liability in Traffic AccidentsA driver's criminal liability under Iraq Traffic Law No. 8 of 2019 and the Penal Code: serious harm, death, driving under the influence, aggravation and mitigation, waiver and reconciliation, and licence withdrawal.
- 02Compulsory Motor Insurance and Traffic CompensationIraq Compulsory Motor Insurance Law No. 52 of 1980: automatic cover, no-fault compensation, driver injury, unidentified vehicles, notice period and limitation.
- 03Civil Compensation Claim for a Traffic AccidentClaiming compensation for a road accident under the Iraqi Civil Code: material and non-material harm, dependants, the injured party's own fault, multiple wrongdoers, claiming before the criminal court, and limitation.
- 04Traffic Law: Offences and Vehicle ImpoundHow traffic fines work under Iraq Traffic Law No. 8 of 2019: the officer's authority, monitoring equipment, notice, doubling and reduction, impound, and licence withdrawal for repeat offences.
- 05Objecting to a Traffic FineHow to challenge a traffic fine under article 30 of Iraq Traffic Law No. 8 of 2019: the objection committee, the fifteen-day window, evidence and the effect of the decision.