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Injury Compensation Claims

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Ilyas Patel

There are many people who seek compensation for injuries such as Car accidents, falls etc. I have seen many people make compensation claims following car accidents, these are not for any major injuries but minor aches & pains. It has become a big business. A proportion do not have any significant symptoms ie. they are not prevented from going to work or carrying out usual duties, the intention is obtaining significant money. My question is to what extent can a car accident victim (or any other accident) claim compensation from the other party even if the other pary admits fault ? Can one claim for the stress they suffered or temporary non-specific aches & pains ? There are some who argue that they are entitled to make a claim so they should claim something or that other people would do the same to them or that the do not get enough money from Insurance compared to what they have been paying. 

In the Name of Allah, Most Gracious, Most Merciful

In the name of Allah Most Compassionate Merciful
I hope you are fine and in the best of health and iman.
If one is genuinely injured due to an accident and the insurance company itself pays out an amount, then it would be permissible to take the offer. If one specifically claims injury compensation, then one is only allowed the annual insurance premium one has given for that year, say 250.00 for 2007, or if one has been insured with the same company for many years, say 5 years and one gave 250.00 each year for insurance, then one can claim 1,250, if one has a genuine injury.
And Allah alone knows best

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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