Civil Compensation Claim for a Traffic Accident
Compulsory insurance covers death and bodily injury but not repairs to a damaged car, and it does not stop the injured person claiming from whoever is responsible for anything beyond what the insurer paid. That is where Civil Code No. 40 of 1951 comes in. The office of Ali Barakat in al-Yarmouk, Baghdad, explains the basis of such a claim.
Basis of liability
Article 202 makes whoever causes harm liable for every harmful act against a person, whether killing, wounding, striking or any other injury. Article 186 makes whoever destroys or reduces the value of another's property, directly or by causation, liable where he acted deliberately or wrongfully. Article 231 makes whoever controls mechanical equipment or things requiring special care liable for the harm they cause unless he shows he took sufficient precautions. A car falls in this category, so the burden of showing care rests on the person in control of it.
What compensation covers
Under article 207 the court assesses compensation by the loss suffered and the gain missed, provided these follow naturally from the wrongful act, and loss of use of property counts, such as a taxi standing idle during repairs. Article 205 extends compensation to non-material harm and allows awards to spouses and close family members for what they suffer through a death. Article 203 makes the wrongdoer liable, in death cases, to those the deceased supported who lost that support. Where the harm cannot yet be measured, such as an injury that has not settled, article 208 lets the court reserve the claimant's right to seek a review within a reasonable time.
Proving the harm
The claimant must prove the harm and its extent. Courts usually rely on medical reports and a medical committee's disability rating, on an expert appointed to assess repair costs or the vehicle's value before the accident, and on proof of the injured person's income before the injury when lost earnings are claimed.
The injured party's fault and outside causes
Article 210 lets the court reduce or refuse compensation where the injured party's own fault contributed to or increased the harm, for example crossing outside a designated crossing, which article 26 of the Traffic Law penalises. Article 211 frees a defendant who proves the harm came from an outside cause beyond his control, such as a natural disaster, sudden event, force majeure, a third party's act or the injured party's own fault.
Several wrongdoers
In pile-ups more than one driver may share responsibility. Article 217 makes joint wrongdoers jointly liable, and whoever pays the whole may recover from the others in shares fixed by the court according to each one's degree of fault, or equally if shares cannot be fixed. An employer's liability for a driver is covered in Owner, driver and insurer liability.
Which court
Article 10 of the Criminal Procedure Code lets anyone directly harmed by an offence bring a civil claim against the accused and those civilly responsible for him before the criminal court at any stage until judgment. Under article 9 a written complaint includes the civil claim unless the complainant says otherwise. If the claim is brought in a civil court, article 26 requires that court to pause until the criminal decision becomes final. Article 14 of the insurance law also allows the insurer to be claimed against before the criminal court.
Time limit
Article 232 bars a compensation action for a wrongful act three years after the day the injured party learned of the harm and of who caused it, and in all cases fifteen years after the act. See Time limits, appeals, warnings and limitation.
Legal basis and sources
- Civil Code No. 40 of 1951 (Official Gazette No. 3015 of 8/9/1951) — Articles 186, 202, 203, 205, 207, 208, 210, 211, 217, 231 and 232
- Compulsory Insurance against Motor Vehicle Accidents Law No. 52 of 1980 (Official Gazette No. 2766 of 31/3/1980) — Article 14
- Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Articles 9, 10 and 26
Frequently asked questions
Does insurance compensation stop me suing the driver?
No. The injured person can still claim from whoever is responsible under the Civil Code for anything beyond that, and the insurer steps into his rights to the extent it paid (article 10 of the insurance law).
Can the family of someone killed be compensated for non-material harm?
Yes. Article 205 allows awards to spouses and close family members.
How long is there to sue?
Three years from learning of the harm and of who caused it, and no later than fifteen years from the act.
Related topics and articles
- 01Owner, Driver and Insurer LiabilityHow liability for a road accident is shared in Iraq between the registered owner, the driver, the employer and the insurer: the direct right, recovery, joint liability and cars sold on outside contracts.
- 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.
- 03Time-limits for appeals, warnings and the passage of time in IraqPeriods for objection, appeal, retrial, cassation and correction under Civil Procedure Law 83/1969, unlike a warning or a Civil Code time bar.
- 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.
- 05After a Collision or Run-Over: The Record and Your RightsLegal steps after a collision or run-over in Iraq: getting the injured person to hospital, reporting, the accident scene sketch, complaint before the investigating judge, notifying the insurer and preserving evidence.