Is It Permissible for a Car Accident Victim to Receive Compensation?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Is it permissible for a car accident victim to receive compensation from both their insurance and the insurance of the person at fault? Must the at-fault individual pay out of pocket, or can the matter be resolved through insurance agreements?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

A car accident victim is allowed to receive compensation from both their own insurance and the insurance of the at-fault party, provided both companies offer to pay. The matter can also be settled privately between the two parties. Ideally, resolving the issue through insurance agreements would be the best course of action as it can help avoid potential future complications.

[Kasani, Bada’i‘ al-Sana’i‘]

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat 

  وَكَذَلِكَ الرَّاكِبُ إذَا كَانَ يَسِيرُ فِي الطَّرِيقِ الْعَامَّةِ فَوَطِئَتْ دَابَّتُهُ رَجُلًا بِيَدَيْهَا أَوْ بِرِجْلِهَا لِوُجُودِ مَعْنَى الْخَطَأِ فِي هَذَا الْقَتْلِ وَحُصُولِهِ عَلَى سَبِيلِ الْمُبَاشَرَةِ؛ لِأَنَّ ثِقَلَ الرَّاكِبِ عَلَى الدَّابَّةِ، وَالدَّابَّةُ آلَةٌ لَهُ فَكَانَ الْقَتْلُ الْحَاصِلِ بِثِقَلِهَا مُضَافًا إلَى الرَّاكِبِ فَكَانَ قَتْلًا مُبَاشَرَةً، وَلَوْ كُدِمَتْ أَوْ صُدِمَتْ أَوْ خُبِطَتْ فَهُوَ ضَامِنٌ.

بدائع الصنائع -دار الكتب العلمية

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.