BCC 1081/2015

This case involved whether an insurance company which had failed to fix a car damaged in an accident should therefore pay for the rental of an alternative car until it was fixed.

Background

A claimant filed a case against an insurance company before the court. He requested the court to order the company to pay 4582 Dinars. He said that his car had been damage in an accident and that the company had refused to fix it for him.

The court ruled that the company should pay the claimant 4050 Dinars

The company appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the company should pay the claimant 700 Dinars.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the court had failed to order the company to pay him the money for renting an alternative car on the grounds that they were not responsible for such rental costs although they had failed to fix the car in first place.

Decisioin