CMA Cautions: Intentionally Crossing Wadis Nullifies Right in Insurance
The Capital Market Authority called on citizens and residents including drivers to abide by safety and security rules during rains and floods to preserves lives and properties.
CMA emphasized that the Unified Motor Vehicles Insurance Policy provides that the policyholder must take all reasonable precautions to preserve the vehicle and not take risk by crossing the wadis and follow the instructions of Royal Oman Police as intentional crossing of wadis and failure to abide by the instructions of ROP would nullify the right of the policyholder in compensation if it is proven the damage to the vehicle is caused by intentional act of the driver.
The move comes as the Sultanate witnesses rainy weather in various Wilayats. CMA observed certain malpractices in the social media including risking lives and properties and intentional crossing of wadis, ignoring the instructions of ROP and disregarding the financial and moral impact of such perilous acts.
The Unified Motor Insurance Policy provides in clause 2 of Chapter Six on the Terms and Conditions “ The Insured shall take all reasonable steps to safeguard the insured vehicle from loss or damage and maintain the vehicle in roadworthy condition. The Insurer shall have at all times free and full access to examine the vehicle or any part thereof. “
Clause 11 of the same terms and conditions provides “The Insurer is entitled to recover from the Insured any amount already paid as compensation to a third party and to withhold compensation to the Insured for damage to the insured vehicle under a comprehensive cover or for bodily injuries sustained by the Insured and any one in his position and their family members and medical and first aid expenses if the Policy covers such injuries, in several cases including if it is proved that the accident, death or bodily injury resulted from a willful act of the Insured
It is noteworthy that legislations are intended to enhance traffic safety and impose self- regulation to preserve safety of lives.