Morocco's Minister of Justice, Mr Abdellatif Ouahbi, has presented before the Justice and Legislation Committee of the House of Representatives a Bill relating to insurance compensation for victims of accidents caused by land vehicles.
The Bill will amend a 1984 decree which is 40 years old. Introduced on 21 October, it aims to establish a "balance between guaranteeing victims' rights to fair and equitable compensation, proportional to the extent of the damage suffered, and maintaining the dynamism of the insurance sector”, according to local media reports quoting Mr Ouahbi.
The Bill:
-
provides for higher compensation payable to victims of road accidents, with a revised calculation mechanism. The minimum salary threshold will be gradually raised to MAD14,270 ($1,500) from MAD9,270, nearly 54% higher, in five phases. "We are moving away from a fixed link to a dynamic system, capable of adapting to economic reality," the minister said.
-
sets out clearer definitions of legal concepts such as "salaries" or "professional earnings" in order to ensure more sound compensation. This means that when a worker is injured in a motor accident, and his employment period is less than 12 months, or has received a salary increase or professional gain during the 12 months preceding the accident, these elements can now be taken into account in determining compensation.
-
takes into account the situation of people who have neither a fixed income nor supporting documents attesting to this situation, particularly, students and trainees.
-
expands the categories of beneficiaries. Children under kafala (guardianship), and guardians in the event of the child's death, as well as the disabled spouse of those killed in motor accidents will be covered, in accordance with the provisions of the Family Code and social developments in the Kingdom.
-
sets the time limit for reaching an amicable settlement and for submitting a request for review in the event of increased damages, at five years.
-
introduces new categories of reimbursable expenses. Reimbursements will be allowed for assistive devices rendered unusable in an accident, as well as medical tests related to injury caused by the accident.