Question: 

1) I have been driving for quite a few years and I have had a few accidents. Alhamdulillah, Allah saved me many many times from much harm. When I first started driving, I knocked a robot and the robot was badly damaged. The municipality in Durban had to replace the robot. The accident was also reported to the police, and the police did arrive at the scene.

The municipality never asked me to pay till now. However, mufti saheb, I wish to know, is there ضمان upon for me this? Do I have to pay for the robot?

2) Recently, I was rushing and did not halt  at the yield sign properly. A man knocked into my car. Perhaps he was coming down the road with a bit of speed, or did not have good brakes (it was an older car, possibly a 2005 model). However, the bulk of the blame would be on me since I did not yield properly unrightfully.

The car is mine, but on my parents name legally and they have insurance on the car. I do not pay or have anything to do with the insurance normally. All I had to do is fill out the forms/ tell them them what happened.

The insurance company agreed to pay about R10 000 whereas the man wanted and was quoted about R9000 more (R19 000). However, they chose not to dispute it and accepted the settlement with the insurance company (probably because of financial difficulty in doing so).

2.1) If the insurance company pays him out, does that absolve me of my debt with him? Again, they are paying him out cash, but I don't contribute anything to the insurance company.

2.2) They are only paying him out about R10 000 whereas he was quoted more. He accepted the settlement, but was not happy to do so. Do I have any debt with him thereafter (if 2.1 absolves me)

2.3) if 2.1 does not absolve me, how much do I pay him since the evaluators sometimes evaluate over and above the normal repair fees.

3) Many times at the Darul Uloom, I have opened my door on students car, or my bumper slightly touched their boot. the parking is tight. I tell them about it, but they say  "do not worry about it" or " I will check later" but do not give importance to it, possibly as the scratch is small and the cars are not very expensive. However, many a time, the car is not actually owned by them but rather by their parents. 

In this case, am I still ضامن mufti saheb, keeping in mind that the car is not theirs and sometimes they don't bother to check the minor damage and tell me that they will check later (despite it being small, generally a scratch) . Other times, they say that I should not worry about it and they make me maaf. 

Answer: 

1. We would assume that the various municipalities in the country have some sort of a fund to repair traffic lights, light poles, etc. belonging to the state that are damaged during accidents, or perhaps it is repaired by the roads department with tax payers money. Therefore, citizens are never requested to pay for damages when state property is damaged during accidents. If this is the case, then you will be considered to be absolved of paying for damages as the state has willingly undertaken to repair the damages of behalf of the citizens. However, our reply is based purely on our assumption. If you are still uncertain, you may clarify the matter with the relevant government department/s.

2. You admit in this case that you have been the cause of the accident since you did not yield at the correct juncture. If the other party voluntarily accepted the settlement proposal (made by the insurance company that is acting on your parents behalf) and thereby absolved you of the remaining cost then such a settlement is in order.

Although a settlement has been reached, if you for some reason still feel that the claimant was left with no option and coerced into accepting R10 000.00, and you are therefore willing to compensate him for the shortfall then you are at liberty to do so, or if you feel that the vehicle could be repaired cheaper at an alternate panel beater then you could arrange for the vehicle to be repaired there and fill in the shortfall, if any.

I am sure that you are aware that insurance is Haraam and you should encourage your parents to unsubscribe from the insurance policy. However, the amount your parents have contributed to the insurance company in the form of monthly premiums can be claimed from the insurance company and used to reimburse the accident victim.

3. You have done your duty by informing them of the scratch or dent caused by you to their vehicle. It is up to them now to assess the extent of the dent, discuss with their parents and decide whether they want to claim from you or not. If they decide not to claim or make you Maaf as stated in the query then it indicates that the damage has been overlooked. In this case, you have been absolved from any liability.

(We hope the above answers your questions).

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 16 Dhul Qa’dah 1441 

English Date: 08 July 2020