BCC 92/2007

This case involved whether an insurance company which had already paid compensation for the damage of a car in a road traffic accident was also liable to pay for the rental of another vehicle during the period before that compensation was paid.

Background

A claimant filed a case against an insurance company and a defendant before the court requesting they pay 570 Dinars and interest. The claimant said that his car was damaged in an accident caused by the defendant's car. The claimant said that the insurance company had paid him compensation one month and a half after the accident and he said he was forced to rent a car for the amount.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that renting the car was a result of the accident and the insurance company should pay him compensation for the period in which he rented a car.