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Topic: Compensating Damage Caused to Someone Else's Insured Car

(No-62545)

Q Assalamu Alaykum
I was involved in an accident in Sydney where I was at fault. In NSW (which is a state in Australia), car insurance is not compulsory so I did not have any car insurance.
However, the lady whose car I damaged due to the accident, has insurance and so she went ahead to fix her car through her insurance.
My question is threefold:
1. Do I have to pay her insurance company, the costs of repair, damages etc.? Or do I have to pay her directly? Her car was repaired through her insurance, so how do I recompense her directly? If her insurance has covered her, do I have to pay anything at all?
2. Insurance companies are provided with exaggerated/overestimated bills by mechanics and other repairers, usually for them to make profit out of someone's misery like this car accident. In such a situation, do I have to pay the exact amount they ask for? Or can I negotiate? For example if the car damages were approx $5000 estimated (based on many mechanics' general quotes), but the insurance is asking me for $15,000, can I negotiate to pay only $5000?
3. If I can afford the entire bill (say $30,000) but it ruins my plans for hajj or other things in the future making my life harder, can I negotiate with the company? And pay in instalments?
Jazakumullahu khairan.

aIn the situation you have described, if the accident happened through your fault and the woman's car was damaged, then compensating that damage is your responsibility under Shariah. The answers to your questions are as follows:
1) The insurance company has already covered the woman's loss. However, she had taken out an insurance policy on her car and would have been paying regular premiums for it. Paying for the actual damage therefore remains your responsibility.
As a general rule, the compensation should be paid to the woman herself. However, if she has authorised the insurance company to act as her agent in claiming it, then the company may also demand payment, and you may pay the company instead.
2) You are only responsible for the actual damage. If the company or the woman demands more than that, you have the right to negotiate a fair amount.
3) If paying the full amount at once would cause you financial difficulty, it is permissible to ask the woman or the insurance company for a reduction, more time, or payment in instalments. A settlement for a lesser amount is also valid if both parties agree to it.

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دلائل:

رد المحتار على الدر المختار: (181/6، ط: دار الفكر)
مَنْ أَتْلَفَ مَالَ غَيْرِهِ بِغَيْرِ إِذْنِهِ ضَمِنَهُ

بدائع الصنائع: (164/7، ط: دار الكتب العلمية)
وَأَمَّا الضَّمَانُ فَيَجِبُ بِإِتْلَافِ مَالِ الْغَيْرِ، لِأَنَّ الْإِتْلَافَ سَبَبُ وُجُوبِ الضَّمَانِ

مجلة الأحكام العدلية: (ص: 303، المادة: 1552)
إذَا صَالَحَ أَحَدٌ عَنْ دَيْنِهِ الَّذِي هُوَ فِي ذِمَّةِ الْآخَرِ عَلَى مِقْدَارٍ مِنْهُ يَكُونُ قَدْ اسْتَوْفَى بَعْضَ دَيْنِهِ , وَأَسْقَطَ الْبَاقِيَ أَيْ أَبْرَأَ ذِمَّةَ الْمَدِينِ مِنْ الْبَاقِي

و فیه ایضا: (ص: 303، المادة: 1553)
إذَا صَالَحَ أَحَدٌ عَلَى تَأْجِيلِ وَإِمْهَالِ كُلِّ نَوْعٍ مِنْ مَطْلُوبِهِ الَّذِي هُوَ مُعَجَّلٌ يَكُونُ قَدْ أَسْقَطَ حَقَّ تَعْجِيلِهِ

Allah the Almighty knows best.
Darul ifta Al-Al-Ikhlas, Karachi.

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