Damaged the car of someone whom he can not find now

16-3-2006 | IslamWeb

Question:

My question is regarding debt: person A bumped the car of person B, person A said he would pay person B but then said he could not afford it and wanted to use the car insurance as is the law of the land, person B stated he didn't have insurance, this happened 7-years ago and there is some confusion over what was finally agreed, also person A cannot find person B so what shall person A do? I am living in a non-Muslim country.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

A driver who causes damage to another driver's vehicle is obliged to repair the other driver's vehicle either by paying him directly or through insurance but he is not allowed to take more than what he initially paid the insurance. If this insurance money in not enough to repair the vehicle, then he should pay from his own pocket. However, if it is not possible to repair it through insurance for any reason, then he is obliged to pay all the repair cost from his money. He should endeavour to give this money to the owner of the vehicle, but if he is unable to reach him and he waited for a very long time until it became hopeless, then the case is dealt with as if the repair money is property which he found. In this case, he is permitted to give this money in charity while intending the reward for the person whose vehicle was damaged. If this person appears later, he [this person] has a choice either to accept the charity given on his behalf, or take his money back and the reward of the charity money will be for the person who donated it [the one who caused the damage].

For more benefit on car accidents and car repair through insurance, please refer to Fatwa 82078.

Allaah Knows best.