Question
A while ago I was involved in a road traffic accident, as a passenger in my cousins car. Here in the UK, all drivers must have insurance in order to drive their vehicle. My cousins had an accident etc, then made a claim through her insurance company for compensation.
My name was given too, as I was a passanger in her car. The legal firm fighting her case for compensation also included me in the claim.
The compensation works as a “No win, no fee” base. Meaning, if the Firm wins the case for you, you recieve 100% compensation as the money is derived from the oppostie insurer, and do not pay any legal fees.
My question is: Is it correct, and would the money be Halal for me to take? (I did not suffer any loses, but sustained a few small injuries, from which I have fully recovered).
Allah knows best, I ask his forgiveness for my shortcomings, and ask his guidance.
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
We acknowledge your seeking Islamic advice in such issues and your concern for refraining from haram.
It is stated by the contemporary scholars of Islam that the person at fault will be responsible for any loss caused to the other party in the event of a road accident.
(Taqreer-e-Tirmizi Vol.1 Pg.334 – Memon Islamic Publishers)
We understand from the query that your cousin wishes to claim compensation from the other party involved in the accident. She is claiming compensation through her insurance company, and the insurance company of the other party will compensate her on behalf of the other party, if she wins the case. She is not claiming any compensation from her own insurance company.
On the premise that the abovementioned understanding is correct, it will be permissible for your cousin to claim compensation equivalent to the loss suffered, if she is certain that the other party was at fault. The losses may include the cost of damages caused to the vehicle and medical costs. It will not be permissible for her to claim any amount more than the losses. Any such amount received should be returned to the owner.
It will be permissible for you to receive the amount equal to the medical costs you underwent in sustaining from your injuries.
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
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