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Getting Help Recovering From a Motorcycle Accident

The Problem


Studies by the government show that recent motorcycle caused deaths have decreased, but injuries have increased by over 10%. While this is obviously a good sign for safety in that lives are being saved, these injuries are nothing to ignore by any means. Common motorcycle injuries come in a wide variety of degrees, from minor bumps to seriously debilitating injuries and pain. These accidents can come at any time, to any rider no matter how experienced, so it is important to know how to handle them. 

The Response


When it comes to injuries, some riders will want a sense of justice, some will want help, and others will just hope to make it less likely to happen again. The outcome and attention of a claim can do just that and is the obvious response to an injury of any type involving motorcycles. Whether the rider is looking to his insurance or the responsible party, it is important that the financial, physical, and emotional burdens caused by a motorcycle accident are covered by the claim. Quite simply, injured riders deserve help, but how does one make sure they will get it? 

A Helping Hand


The answer is easy: hire a solicitor. An experienced solicitor will know exactly what an injured rider needs during his recovery. With their expertise and history, a proper solicitor knows exactly what will help the situation and what to expect in the future. Handling the claim, the solicitor will guarantee the injury is taken seriously and the injured person is treated fairly. Insurance companies may look to avoid paying out or shift responsibilities around, but a lawyer is the perfect defence against this. In this time of need, a helping hand can make a huge difference. With the pain of the injury and impact, it has on one’s life, having a solicitor to help smooth out the claim process will be invaluable. 

Recovering


Once it is clear what it will take to recover from the injury and all aspects of the burden have been sorted with the help of a lawyer, the future will be much easier. There will be much to handle before getting back to life as usual, from injury recovery to bike repairs, it will all be a hassle that can be greatly smoothed with the assistance of a proper lawyer. So if one suffers from the terrible tragedy of a motorcycle accident, it is important to quickly contact a solicitor and file a claim.

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Introduction In Part III of our series on family law related issues for expats in the UAE, we turn our focus to the matters related to child custody, child relocation and abduction, and inheritance, as governed by the UAE laws. Custody and Guardianship Under the UAE Personal Status Law, there is a difference between a custodian and a guardian. A custodian is the one who has the physical safekeeping of the child whereas a guardian has the legal or moral custody. A mother is the natural custodian of the child under the UAE Personal Status Law with the father being the guardian. Usually the mother does not lose custody unless she is unfit to take care of the child or she puts the child’s life at risk. Similarly, guardianship is unlikely to be taken from the father unless he has committed sexual crimes, including towards his children or has been detained for more than a year. The physical custody is with the mother till the boy turns 11 years old and the girl turns 13 years old if there are no circumstances which affect the interest of the child. The governing rule in determining custody cases is the best interest of the child. Child Relocation In accordance with the UAE Personal Status Law, the child cannot be relocated out of the UAE without the written consent of both parents. If the custodian (being the mother) wants to relocate the child out of UAE, the guardian (father) would need to approve it. Even a short visit would require the guardian’s permission. In case the guardian refuses to give consent, the custodian has the right to raise a request to the family courts, which will decide on the request. That said, the Dubai cassation courts have held that the freedom to travel is a constitutional right of every person in the UAE and this right will not be restricted unless a valid reason is provided. Practically, the courts issue approvals for short visits even if the husband has not agreed, provided some guarantees, in the form of passport of a guarantor, are submitted to the court. The guarantees to be provided are based on the discretion of the courts. Child Abduction Child abductions do happen in family dispute cases and typically are either through abduction out of the UAE or into the UAE. If the parents are UAE residents and one parent abducts the child from UAE to another country, the resident parent first has to apply for a custody claim before the UAE courts. Once the parent obtains the custody court order, they may then file a criminal case for child abduction before the UAE courts, followed by filing a request to Interpol for extradition. When a child has been abducted from another country into the UAE, there are several considerations to keep in mind. One option that could be considered is filing an urgent application before the UAE courts to deliver the child back to the parent if the child is young and abducted from abroad into the UAE. UAE is not a part of 1980 Hague Convention on the Civil Aspects of International Child Abduction and therefore applies its own laws in child abduction matters. The UAE courts are proactive and likely to decide on the case within a few days. If the wife has child custody through a court order in a foreign country, she may file a criminal case before the UAE courts or request the courts to recognize the foreign court order giving her custody. The UAE can enforce a foreign judgment provided that it is not against public policy of the UAE. Inheritance Inheritance is one of the key issues for expats who are settled in UAE. Usually inheritance law under the UAE will apply unless one of the heirs of the deceased requests that the law of their home country be applicable. That said, real estate in the UAE will be governed by the laws of UAE under Article 17/5 of the Civil Transactions Law. Non-Muslims can consider the following options for devolution of assets in the UAE: (a) gifts (heba) to one of the heirs which is transferred during one’s lifetime with no consideration; (b) through wills. Non-Muslims are permitted to sign and register a will before the courts at DIFC which do not have to follow the UAE laws and Islamic principles; and (c) foundations or trusts set up in free zones. Conclusion This concludes our discussion on the federal laws applicable to personal status matters in the UAE. However, Abu Dhabi has introduced new family laws which will have a massive impact on non-Muslim expats living in the Emirates of Abu Dhabi. Check out Part IV of the series for a review of the Abu Dhabi laws. Disclaimer: The above information might not apply if both parties are non-muslim. Starting from the 3rd of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link. https://www.professionallawyer.me/legal-articles/family-law/law-on-family-matters-for-expatriates-living-in-uae-part-iii
What are the Updates on Tenancy law for Family-only Residential Buildings in the UAE?
Pursuant to Law Number 2 of 2007 on Regulations of Landlord-Tenant Relationship in Sharjah and its amendments, low-income bachelors or labourers are not allowed to live in certain residential neighbourhoods which have been specially demarcated for family use. Instead, there are certain industrial areas allocated specially for low-income bachelors and labourers in Sharjah, wherein they can take accommodation and wherein it is also possible for them to obtain shared accommodation. For example, areas such as Al Majaz and Al Nahda have been designated for family accommodations. Certain exemptions may be granted to higher-income executive bachelors holding higher degrees and professionals such as doctors, engineers to live in residential areas demarcated for families with the direct permission of the landlord. Pursuant to the above the law, thereby, it is required that upon obtaining tenancy in family accommodations, a tenant is required to give the details of all of his family members who will be occupying the tenanted unit, along with copies of their income and marriage certificate as well. Sharing of accommodation: Subject to the specific consent of the landlords, accommodation sharing might be allowed in certain areas for low-income category personals and labourers. The overall number of persons living in accommodation should not exceed certain limitations, such as: * three people in studio apartments * four people in one bedroom apartments * six people in two-bedroom apartments * Nine people in three-bedroom apartments Similarly, in Dubai, there are certain industrial areas specifically designated for housing industrial workers and labourers, such as the Al Quoz, Mushainah area. Further, there are specific residential areas such as Muraqqabat and Al Rigga areas, where sharing of accommodation is allowed for bachelors. The parameters for sharing of accommodation in such designated areas are generally bases on the rule that a minimum area of 40 square feet should be allotted per person in the bedroom. It is also to be understood that until recently, it was illegal in the UAE for un-married couples or people of opposite genders to live together in an accommodation. However, with the recent changes brought in, the same is no longer illegal, however subject to the rules that apply to bachelor accommodations. Further, pursuant to Article 25(1)(b) of Dubai Rent Law, allows the landlord to evict a tenant when: "Where the tenant uses the real property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals." Thereby, tenants should ensure to check with their respective landlords the rules and regulations imposed on the residential property and should endeavour to abide by them in order to avoid potential eviction. Though presumably simple enough, tenancy law can often prove challenging for residents and therefore, wherever possible, they should seek legal advice and assistance to avoid disadvantageous circumstances and potential losses https://www.professionallawyer.me/legal-articles/property-law/what-are-the-updates-on-tenancy-law-for-family-only-residential-buildings-in-the-uae
Law on Family Matters for Expatriates living in the UAE: Part II
Introduction Expatriates have enjoyed living in the UAE for many years but often do not understand the application of the UAE laws on them. In this series, we are covering the laws applicable to family matters in the UAE which have implications for expatriates. In Part I of the series, we discussed the overall personal status laws applicable in the UAE, the courts’ jurisdiction on foreign residents in the UAE and the types of divorces recognized in the UAE. In this Part II of the on-going series, we will understand the application of foreign law in personal law matters in the UAE and the types of claims usually seen in divorce matters. Application of Foreign Law It is obvious that expats may want to apply foreign law in the UAE for their personal matters. The application of the foreign laws is subject to two main rules: - The law of the State where marriage was concluded (Article 13). As an example, if citizens of India concluded their marriage in UK, the law of UK will apply. - Dual nationality of the party (Article 24). If a party has dual nationalities, the courts may reject the application of foreign law and UAE law may become applicable even if the marriage was concluded abroad. The courts exercise discretionary powers while considering the application of foreign laws, based on the merits of individual cases. Claims In case the divorce has been granted, a wife is entitled to claim certain financial rights. These rights are given in accordance with the UAE laws. Some of these rights could be as follows. A) Dowry (Mahr): It is an amount which is agreed between the parties at the time of marriage and is of two types: (i) prompt dowry (mokadam), which is paid at the time of marriage; and (ii) deferred or late payment (moajal), which is written in the contract. The deferred payment is payable at the time of divorce. B) Compensation for divorce (nafket motta’a): Compensation is to be given to the wife in case the divorce was issued to the wife by the husband with no valid ground. According to the UAE Personal Status Law, compensation amount will not be given to the wife if she was an applicant in the divorce proceedings. C) Reimbursement of backdated expenses: In case the husband has not financially supported the wife, the wife has the right to claim back-dated expenses which is equivalent to the wife’s day to day expenses for the last 36 months. If the wife claims such expenses, the husband would have to prove that he had financially supported the wife. If case of failure to prove such support, the court may order the husband to pay such amounts to the wife. D) Maintenance: Maintenance can be claimed by wife during marriage, during the waiting period (iddah) and for the children. She also has the right to seek custodian salary. During Marriage A wife has a right to claim maintenance support from the husband, subject to the financial ability of the husband. However, a husband cannot claim maintenance. Child Support The right to claim child support from the father is established under Article 78 of the UAE Personal Status Law. Both Emirates of Dubai and Abu Dhabi have their own guidelines on the amount to be given as child support, which depends on the number of kids and the husband’s financial ability. Custodian Salary Custodian salary is the salary given to the wife for taking care of the children and is one of the amounts which is provided to the wife as part of alimony. Property claims The husband could file a financial claim on the joint assets if he is the sole contributor to such assets. Conclusion We have discussed the issues relating to the divorce including the claims applicable. But in whose custody do the children fall? What are the protections against relocation and kidnapping of children? We will explore this and more in the next Part of this series. Disclaimer: The above information might not apply if both parties are non-muslim. Starting from the 3rd of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link. https://www.professionallawyer.me/legal-articles/family-law/law-on-family-matters-for-expats-living-in-uae-part-ll
What are the Fines and Punishments for Stealing Vehicle Plate Numbers in the UAE?
Stealing a UAE plate number is a crime which may be punishable under UAE laws. Stealing a number plate would fall under the definition of “theft” of the Federal Decree Law No 31 of 2021, more commonly known as the UAE Penal Code. The UAE Penal Code Defines Theft Under Article 435 as: “A theft means the taking of property belonging to a person other than the criminal and it shall be subject to the provisions of the following Articles.” Punishments The punishment for theft varies depending upon the degree of crime committed. Typically, theft is punishable by a jail sentence of at least six months or a fine. Having said that, Article 442 of the UAE Penal Code states that a theft committed by a means of transport is punishable with imprisonment of not less than one year. Article 441 also provides for imprisonment of up to seven years if theft is committed during nighttime and by a person carrying a weapon. If a person has committed robbery by coercion or threat to use a weapon with the purpose of either keeping, obtaining or running away with the stolen goods, he shall be punished with imprisonment ranging between three years to fifteen years under Article 438 of the UAE Penal Code. Any attempt to commit theft is punishable with half of the penalty prescribed for the full crime. Therefore, stealing a UAE plate is a serious offence and should not be taken lightly. Reduction of Sentence Given the varying degrees of punishment provided under the UAE Penal Code, the question arises whether the court has the right to reduce the sentence of a person who has committed theft. If the court believes that either the circumstances of the crime or the criminal itself require mercy in a felony charge, then the penalty of temporary imprisonment could be mitigated to a jail sentence for at least three months under Article 99/3. In case a mitigating excuse is established in a misdemeanour, where a specific minimum limit is stated for the penalty, the court does not need to abide by such a limit when assessing the penalty under Article 100. What Does the Court Say? However, the above does not mean that the penalty could be converted into a fine. This was held by the Federal Supreme Court in Case No 575 of 2020 in its hearing dated 7 September 2020, in which the accused had stolen a car which he subsequently sold. The court of first instance sentenced the accused to imprisonment of two months. This penalty was amended by the appeals court to a fine. On appeal to the Federal Supreme Court, the Federal Supreme Court noted that while the judge has the right to not adhere to the minimum penalty prescribed provided a mitigating factor is established, it does not give the judge the right to assess the punishment based on what he deems appropriate and only impose a fine. https://www.professionallawyer.me/legal-articles/criminal-law/fines-and-punishments-for-stealing-vehicle-plate-numbers-in-uae