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Abu Dhabi, UAETuesday 25 September 2018

UAE legal Q&As: must a civil case be filed to have medical bills from a car accident paid?

A reader asks if they need to file a civil case to have medical bills covered in a car accident and another asks about the punishment for cybercrime

My wife and I were in a car accident with someone whose insurance had expired. The driver accepted the blame but my wife has been complaining of a sore neck and back ever since. Will I have to file a civil case for any medical bills?

To claim any damages including medical bills, you will have to file a civil traffic case.

Under Articles 22, Article 24 and Article 26 of Law no 35 of 1992, you have the right to file litigation against the other party. However, in such cases, the most important evidence is the medical report.

In the event of any injury, the injured party must get a copy of a comprehensive medical report, preferably from a government hospital, detailing the injuries sustained. Any compensation is based on the seriousness of the injury and the effect of the injury on the injured party’s income, mobility, and permanent or temporary disability.

What is cybercrime and its punishment? And what is the penalty for scamming and domain theft in the UAE?

For the purposes of relevance, Cyber Crime Law no 5 of 2015 does not define what constitutes cybercrime. Since the electronic world keeps changing and offenders find new ways to breach regulations, laws and privacy, it is left to the interpretation of the judges to decide when a cybercrime is committed.

Article 2 of the above law ascertains that any act committed by a person whereby they enter an information system or a website illegally is a crime and punishable by imprisonment of not less than 6 months or a fine not less than Dh100,000. The crime becomes aggravated if the previous act leads to the damage, disclosure or deletion of any information or data.

The punishment for the crime in article 2 in the event that the person is employed by the company they hack is imprisonment of not less than one year and a fine of not less than Dh250,000 and not exceeding Dh1 million.

According to article 11 of the cybercrime law, which categories the illegal transfer of money or securities, fraudulent impersonation or illegal sign in as part of cybercrime and punishable by imprisonment and fines from Dh200,000 to Dh1m.

Article 12 includes all acts that illegally access any database or information system to access bank accounts, payments credit and other electronic cards as cybercrimes punishable by six months in prison and a fine not less than Dh1,000. If the same crime results in accessing or gaining someone else’s money the jail term shall increase to one year and a fine of Dh2,000 and not exceeding Dh1m.

If you have a question for our lawyer, please email it to media@professionallawyer.me with the subject line “Know the law”.

Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants

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