Q: My friend was going from Torino to Rome in a car along with his friends (my friend was not the car owner). Another person crashed his car with his car. In Italy, every car should have a mandatory insurance and in case of an accident anyone travels in the car will be paid some money, depending on the physical damage of the person even if he is the car owner or just a passenger. My friend was injured in this accident and his collar bone was broken. Now we have to ask few questions
1. For all the persons having an accident, the insurance can be claimed. The amount is paid by the insurance companies and not by the individuals who are responsible for this accident. We had not applied any insurance for this purpose, but there is a rule here that we can claim for it from the company from which the car was insured. So our first question is, if we can claim for this kind of compensation (insurance money) or not?
2. If we CAN apply, then can we use this amount for our own purposes?.If your answer is NO, then I want to ask two questions related to it: First is, Can we donate it to poor people or some madrassah etc. (I mean to say for any good deed/purpose) with/without the intention of sawab? Second is, We had spent some money on our medical treatment, so can we take the same amount from the insurance money and donate the rest?
3. If we can apply for the insurance, then a lawyer will file our case to claim of insurance money. In case of a successful case, is it allowed to pay the lawyer from this insurance money or we have to pay the fees from our own pocket?
A: 1) In a country where insuring the vehicle is compulsory from the side of the government, it will be permissible for one to insure his vehicle as well as receive the amount paid out by the insurance company.
2) Since the money is in lieu of the damages caused, it will be permissible. One can use the money as one pleases. It can be donated to the poor, given to the madrasah with the intention of receiving thawaab.
3) It is allowed to pay the lawyer from the money.
إذ الضرورات تبيح المحظورات ( الدر المختار 3/532)
Contemporary fatawaa (page 188)
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)