Civil liability insurance is of great importance because it allows the insured to transfer the burden of compensation for the consequences of his liability to the insured, according to the terms of the contract and in exchange for paying the appropriate insurance premium.
Based on this consideration, the most important liability insurances in Morocco were compulsory as an expression of the legislator’s will to protect victims of third-party liability from the financial consequences of accidents to which they may be exposed.
Liability insurance is a section of damage insurance that is distinguished by the fact that it does not guarantee compensation for subsequent damages with specific funds or the insured person, but rather by compensation for the financial consequences of the act that caused the damage and which resulted in his responsibility towards third parties.
The principle of civil liability is considered essential in this regard, as it occupies a special place in Moroccan law, especially in the Law of Obligations and Contracts (in particular Articles 77 and 78), and it can be defined as the obligation, by force of law, to compensate for the physical, material, or non-material damage that we may cause. For others.
Thus, liability insurance contracts provide protection for both the insured and the victims, especially in the case of risks with severe physical consequences that entail important financial consequences, as is the case in most work or traffic accidents.
How do liability insurance contracts work?
The injured person resorts to the insurer responsible for the damage to obtain the financial compensation he deserves, in the event of an accident that results in damage to others, which is stipulated in Article 61 of Law No. 17.99 relating to the Insurance Code, where it states: “With regard to liability insurance, the insurer is not obligated to Unless, after the occurrence of the act causing the damage stipulated in the contract, the injured third party submits a friendly or judicial request to the insured or insurer.”
After declaring the accident, the insurer begins damage assessment procedures in order to obtain an accurate estimate of the compensation due, based on the expert’s conclusions and all elements related to the accident. The insurer then makes an offer of compensation to the victim, which she can accept or reject. In the event of incompatibility between the two parties, resort can be made to the judiciary to resolve the dispute.
What are the peculiarities of liability insurance contracts?
Unlike some other contracts, the insurer in liability insurance contracts cannot claim against third party beneficiaries any loss of the right due to the insured’s failure to respect one of his obligations after the occurrence of the accident. Liability insurance related to occupational accidents also has another peculiarity, as the insurer cannot invoke the loss of rights against the victims or those entitled to them, even in the event of the insured’s negligence before the accident occurs.
Liability insurance and its types
There are many types of liability insurance, the most prominent of which are civil liability related to motor vehicles, school civil liability, civil liability for hunting, and insurance against occupational accidents.
Civil liability relating to motor vehicles
Every owner of a motorized land vehicle not connected to a railway in Morocco is obligated, by law, to subscribe to an insurance contract to cover “civil liability of vehicles,” which is a contract that guarantees the damages that the insured vehicle or motorcycle may cause to third parties (passengers, pedestrians, ...) Or another vehicle.
The civil liability guarantee for vehicles includes the civil liability of the contract subscriber, the vehicle owner, and every person who, after obtaining the approval of his supplier, was responsible for guarding or driving the vehicle.
In accordance with the requirements of Article 131 of Law No. 17.99 relating to the Insurance Code, every person who drives a vehicle without civil liability insurance for vehicles is subject to a prison sentence of one to six months and a fine of 1,200 dirhams to 6,000 dirhams, or one of these two penalties.
School civil responsibility
Children may be exposed to many risks during their studies, especially during breaks, school graduations, going back and forth to the institution, and others. Based on this, school civil liability insurance is considered a very important insurance for private education institutions. This guarantee covers the responsibility of the school institution and its employees, as well as the students under the care of the school, as it aims to compensate for the material or physical damages that they may cause to others, or to one of the students during the period. In which it is under the responsibility of the institution.
With regard to public education institutions, it is framed by the Royal Decree of October 26, 1942 regarding compensation for school accidents, so that the Moroccan state guarantees compensation for accidents through the “School Guarantee” agreement that was written with an insurance company, within which the insurer is responsible for compensating the victims according to the conditions of compensation, ceilings, and exceptions stipulated. provided for in this agreement.
Civil liability for sniping
Guaranteeing civil liability for hunting is considered mandatory for handing over a hunting license. With reference to Article 115 of Law No. 17.99 relating to the Insurance Code, every application for a hunting license must be accompanied by an insurance certificate issued by an insurance and reinsurance company guaranteeing, during the validity period of the license, the hunter’s civil liability for accidents caused by “It is for the unintentional harm of Gentiles.”
In accordance with the requirements of Article 119 of Law No. 17.99 relating to the Insurance Code, any sniper who does not provide documents indicating that the insurance obligation has been fulfilled shall be punished with a fine of two hundred (200) to four hundred (400) dirhams.
Insurance against work accidents
Occupational accident insurance is a damage insurance contract that relates to the employer’s responsibility against the dangers that may befall employees in the context of their work. The aim of this insurance is to compensate for damages resulting from accidents that may occur during the exercise of their professional activities, whether inside or outside the workplace, in the event of a work-related task or in the normal course when going to or returning from work. This insurance can also extend to occupational diseases.