English abstract
The dire consequences of traffic accidents witnessed in the death of people, their injuries and the grief of the heirs who mourn their loss is the main drive for selecting this subject.
Since the wronged plaintiffs from such accidents are in the weakest position in the litigation process against insurance companies being opponents who have financial latitudes and readiness to face off the burden of indemnify the wronged. Therefore, this dissertation aims at determining the appropriate tool given to the wronged in the litigation process to strengthen their position against insurance company. It also aims at clarifying their legal position that distinguishes them from the plaintiffs on such car accidents cases taking into account the development of compulsory insurance policy from a policy that protects the party held accountable from financial liabilities to a policy that seeks remedy for the wronged plaintiff.
In the introduction, the dissertation highlights the civil liability of compulsory insurance for car accidents, its characteristics and development. The researcher divides his dissertation into three chapters.
The first chapter gives in its first section an account of the legal basis of direct action lawsuit. Then, the researcher highlights three issues: the classical viewpoints which rely on the will of the agreement of the parties, the modern viewpoints that are based on legal systems and finally resorting to the law. In the second section, the researcher addresses the conditions for direct-action lawsuit with some details and clarifies the position of the judicature and legal scholars.
In the second chapter, the scope of the direct-action lawsuit is addressed. The first section of the chapter highlights plaintiffs who can directly bring legal action against the insured and those who cannot exercise such right. The second section of this chapter addresses its scope in terms of the subject matter namely the physical and financial damages covered in case of injury and the physical damages in case of death.
In the third chapter, the researcher examines the mechanism of direct-action lawsuit and its lapse in three sections. The first section addresses the mechanism. The second section deals with the lapse periods, its commencement, stay and discontinuity, and the impact of final criminal judgments in prolonging the period. The third section examines the permissibility of appealing against the wronged plaintiff with defenses by the insured and the stance of the Omani law and other comparative laws. The dissertation concludes with a number of results and recommendations.
