04/11/2025
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04/11/2025
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A growing number of expatriate motorists in Kuwait are finding themselves entangled in unexpected legal battles, as several insurance companies have begun filing compensation lawsuits years after minor road accidents. Many drivers, including those who insist they were not at fault, say they are being targeted unfairly for damages already covered by insurance policies. The issue has sparked widespread concern among Kuwait’s expatriate community, with calls for greater transparency in how insurance firms handle claims and recover compensation through the courts.
Question:
Dear Arab Times, I am your regular reader and I have an important question that is asked by thousands of expatriates and citizens. Currently, many drivers in Kuwait are in a risky situation; the main reason for this is that car insurance companies in Kuwait are filing large lawsuits against innocent expatriates for compensation for car accidents by filing old cases. As a result, expatriates are worried, for example, I was the victim of an accident in Fahaheel in 2022 and it was not my fault that the two cars in front collided, but since my car was behind everyone, I had a slight impact when I tried to stop, and a case of 800 dinars was filed against me last month in September 2025. Now my question is, the job of the car insurance company is to compensate the car, in return for which the insurance company collects a fixed fee from the Golo customer annually, and this amount is very high.
Then why do they demand compensation from the drivers? The job of the insurance company is to provide compensation, but how do they claim compensation from the person who caused the accident? Doesn't this mean that the insurance companies are profiting from everything?
Dear ArabTime, I would like to draw your attention to this. If you don't report on this, what will happen to the poor person if the salary of many expatriates is 75 dinars and they are sued for damages of 2000 thousand dinars?
Name withheld
Answer
In Kuwait, when an accident occurs, insurance companies initially cover the damages as per the policy. However, they have the legal right to recover the cost from the driver if that driver was proven to be at fault — this process is called “subrogation” under Kuwait’s insurance law.
That means:
- The insurance company pays the vehicle owner for the damage.
- Then it files a claim (or sometimes a court case) against the driver who caused the accident to recover what it paid.
- This can happen even years later, because insurance companies often reopen old files or act after a court judgment finalizes fault.
In your case:
- In most cases, if a car hits the vehicle in front, the driver at the rear is held responsible
- You did not follow up with your accident case
- Finally you received a notification from the court regarding the final hearing.
- As per court judgement you were found to be at fault as your vehicle was the last.
- Your insurance company did not settle the damages with the other party’s insurance company hence they filed a case in the court to recover the amount
- And you had to pay the difference amount which your insurance company refused to pay
Many expatriates are facing cases even when they believe they were not at fault, often because:
- Police accident reports list them as “involved” or “partially responsible” due to rear impact or traffic sequence — even if minimal.
- Insurance companies act on those reports automatically when they file recovery suits.
- Some old files (2020–2023) were reopened recently due to court backlog clearance or policy audits by insurance firms.
- Notices or cases may be filed without the driver being informed earlier, only surfacing years later.
If you’ve received a court notice or demand from an insurance company:
- Do not ignore it. Go immediately to the Traffic Court or the insurance company’s legal office mentioned in the notice.
- Obtain the original accident report (from the Ministry of Interior) — it will state clearly who was found at fault.
- If you were not responsible, hire a lawyer or go to the Legal Aid Department (in the Ministry of Justice) to file an objection.
- If the insurance company filed a case without your fault established, the court usually dismisses or reduces the claim once evidence is shown.
- Keep all old insurance papers, police reports, and court receipts — they help prove your case.
- When you meet in an accident, stop the vehicle and check for injuries, for major damages and injuries call 112
- For minor cases (if the vehicle can be driven) take photos of the damaged area of the vehicle and the road, and proceed to the nearest police station within 24 hrs
- Go to the Traffic Police Station with Civil ID, Driving License, Car Registration, and Insurance Policy
- At the Police Station, an official accident report will be made, and they will mention whose fault it is
- Visit the Insurance Company with the accident report and your documents as mentioned above
- At the Insurance company, a claim file will be opened, and the estimated damage will be mentioned.
- The authorized garage will inspect the damage and issue an estimate of the repair cost
- Repair the vehicle
- Most importantly, keep track of your accident case, because it is considered closed only after your insurance company pays the other party’s insurer if you are at fault. Until then, the case remains open, and you may receive a court notice even years later.
For answered legal queries, visit our legal section. For new queries, email us [email protected]
