Road traffic accidents are among the leading causes of injuries in UAE. One of the most serious traffic offences is a hit-and-run, where a driver involved in an accident leaves the scene without stopping or reporting the incident. Such conduct not only endangers the life of the injured person but also attracts severe criminal penalties under UAE law. In addition to criminal prosecution, the injured party has the right to seek civil compensation for the losses suffered.
Legal Obligations of a Driver
The duties of a driver involved in a traffic accident are governed by Federal Decree-Law No. (14) of 2024 on Traffic Regulation.
Article 5(1) of the law requires every driver involved in an accident to stop immediately, remain at the scene, provide assistance to injured persons where possible, and notify the competent police authority within the prescribed time.
Leaving the scene without fulfilling these obligations constitutes a criminal offence, particularly where the accident has resulted in injury or death. The purpose of these provisions is to ensure that victims receive prompt medical assistance and that the authorities can properly investigate the accident.
Criminal Liability for Hit-and-Run
Article 38 (1) of Federal Decree-Law No. (14) of 2024 prescribes stringent penalties for drivers who flee the scene after causing an accident involving injuries. A person who intentionally leaves the accident scene, conceals the identity of the responsible driver, or evades law enforcement may face imprisonment for up to two years and a fine ranging from AED 50,000 to AED 100,000, or either of these penalties.
Where the accident results in death or serious injury due to negligent or reckless driving, additional criminal liability may arise under the UAE Penal Code (Federal Decree-Law No. 31 of 2021) relating to offences of causing injury or death by negligence. The criminal proceedings are initiated by the police and the Public Prosecution and may result in prosecution before the competent criminal court.
Remedies Available to the Injured Party
The injured party has several legal remedies under UAE law.
Firstly, the victim is entitled to file a criminal complaint with the police. The police will investigate the accident by collecting CCTV footage, witness statements, forensic evidence, and vehicle registration details to identify the offending driver.
Secondly, the injured party has the right to seek civil compensation for all damages suffered. Under the Civil Transactions Law, any person who causes harm to another through a wrongful act is liable to compensate the injured party. Compensation may include medical expenses, future treatment costs, rehabilitation expenses, loss of income, permanent disability, pain and suffering, psychological harm, and property damage. Where the accident results in death, the deceased’s legal heirs may pursue compensation in accordance with the applicable laws.
In many cases, the claim may also be pursued against the insurer of the offending vehicle, subject to the terms of the applicable motor insurance policy and the findings of the police investigation.
Actions the Injured Party Should Take
An injured person should act promptly to protect both their legal rights and any future compensation claim.
The first priority is to obtain immediate medical treatment, even where the injuries appear minor. Medical reports serve as essential evidence in both criminal proceedings and compensation claims.
The accident should be reported to the police without delay. If possible, the injured party should preserve photographs or videos of the accident scene, obtain the contact details of eyewitnesses, and retain copies of all medical reports, prescriptions, hospital bills, and other expenses arising from the accident.
Conclusion
UAE adopts a zero-tolerance approach towards hit-and-run offences, recognising that fleeing the scene of an accident can have life-threatening consequences for victims. Federal Decree-Law No. (14) of 2024 imposes severe criminal penalties on offending drivers, while the Civil Transactions Law ensures that injured parties have the right to recover compensation for the harm they have suffered.
Victims of hit-and-run accidents should seek immediate medical attention, report the incident to the police, preserve all available evidence, and obtain legal advice without delay. Prompt action not only assists the authorities in identifying the offender but also strengthens the victim’s ability to secure fair compensation through the legal process.
It is also advisable to consult a lawyer at an early stage to monitor the criminal investigation, assist in dealing with the police and insurance company, and pursue civil compensation before the competent court where necessary.
At Ayesha Aldhaheri Advocates & Legal Consultants, we provide comprehensive legal advice and representation in matters involving traffic offences, civil liability, insurance disputes, and compensation claims arising from road accidents. If you require legal guidance or representation, our experienced team is here to assist you.