Fatwa ID: 08125

Answered by Alimah Aisha Qureshi

Question:

I think you may have touched on this subject before, but I hope you don’t mind me asking since I need some clarification.

I know the general ruling about claiming from insurance is that you’re only allowed to claim however much you paid for your premium.

Does this still stand if you are claiming from the third-party insurance and not your own? If someone had a car accident and they suffered an injury as well as loss of income, can they claim in full for personal injury and loss of earnings from the insurance of the person that caused this accident, even if the amount awarded is way over how much you paid for your own insurance premium?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

You can only claim for the amount of damage that was caused due to the accident, but it has to be reasonable, just, and fair. Claiming from a third party, the amount can be more, but it still has to be fair.

“إذا كانت الخسارة بسبب إهمال شخص آخر، فإنَّ المتضرر يحق له أن يطالب بكل التعويضات المتاحة من الطرف المسؤول عن الحادث.”
Fatḥ al-Qadīr, vol. 4, pg. 217

Only Allah knows best.

Written by: Alimah Aisha Qureshi

Checked and approved by: Mufti Mohammed Tosir Miah

Darul Ifta Birmingham