Scope and compensation scale
- The Dahir applies to bodily injury caused by a land motor vehicle, whether the claim is brought before the civil or the criminal courts.
- Compensation for permanent incapacity is calculated on the basis of the degree of incapacity, the victim's salary or income (subject to a ceiling) and an age-related coefficient.
- The dependants of a deceased victim (spouse, children, ascendants) are compensated according to statutory shares; non-pecuniary loss is assessed by reference to the minimum wage (SMIG).
Procedure
- The accident report drawn up by the police or gendarmerie and the medical expert assessment form the basis of the claim.
- The vehicle's insurer must make an offer of compensation; failing agreement, the Court of First Instance or the criminal court rules on the claim.
- Where liability is shared, compensation is reduced in proportion to the victim's fault.
Key articles
Art. 1
« The provisions of this Dahir apply to compensation for damage resulting from bodily injury caused to persons by land motor vehicles and by their trailers and semi-trailers. »
A lawyer's points to watch
- Do not sign any compensation receipt before your injuries have stabilised and you have taken advice from a lawyer: the settlement is final.
- Limitation periods against the insurer are short (two years, Insurance Code); act quickly.
- Keep all evidence of income: the scale depends on proven earnings, failing which the minimum wage (SMIG) is used.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.