Darul Iftaa Mahmudiyyah

i recentley had a car accident which was not my fault i sustained physical and psycologicai injuries regardind the accicent the insurance of the other party are willing to pay for...

· 10 Rabiʻ I 1430 AH1 min readFatwa 17666English

Question

i recentley had a car accident which was not my fault i sustained physical and psycologicai injuries regardind the accicent the insurance of the other party are willing to pay for personal compensation for myself and my children i had a independent medical assesment done who says it will take approx 1year to recover i have alse been to places for private treatment and kept the reciept for them i wanted to know if shariah ways if you are allowed to take the money and use on ourselves or not because if we are allowed to use the money i would like to use the money to go for umrah if you are not allowed to use the money what shall i do with it please help me regarding the matter jazakallah prompt replay would be appreaciated because i need to make a decision very soon

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

In principle, you are permitted to reclaim any amount of damage caused to your vehicle or person in terms of medical costs and doctor’s fees etc. It will not be permissible to lay claim for more than the amount of damages incurred. However, if the insurance company chooses to pay you more than the incurred losses, it will be permissible for you to accept it as it was volitionally offered by the company.

And Allah knows best

Wassalam u Alaikum

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

References (Arabic / Urdu sources)

(والراكب) في طريق العامة (ضامن لما وطئت الدابة وما أصابت بيدها) أو رجلها أو صدمته برأسها (اللباب في شرح الكتاب ج 3 ص 45 , قديمي)

Answered by
Ml. Yusuf bin Yaqub
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/17666
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