Defence Memorandum in a Car Accident Compensation Claim in Kuwait: Defences, Documents and Sample Template

A defence memorandum in a car accident compensation claim in Kuwait sets out the defendant’s response to the alleged liability, addresses the damage and amounts claimed, and presents supporting documents and requests for relief. Its content depends on whether the defendant is the driver, the person exercising custody and control over the vehicle, an employer or an insurance company.

Preparing the defence begins with reviewing the statement of claim, accident report, technical and medical reports, and any relevant criminal judgment. No single memorandum suits every accident, and wording alone cannot guarantee dismissal of a claim.

What Is a Defence Memorandum in a Car Accident Compensation Claim?

It is a written submission containing the case details, a summary of the facts, the defendant’s arguments, legal grounds, supporting documents and final requests. It may seek dismissal on the merits, a finding that the claim is inadmissible on an applicable procedural ground, limitation of compensation to proven damage, or the appointment of a technical expert.

In civil proceedings, the responding party is referred to as the defendant. A request for acquittal from a traffic offence belongs to criminal proceedings and does not replace a response to the civil claim.

Legal Basis for Car Accident Compensation in Kuwait

Article 227 of the Civil Code, issued by Decree-Law No. 67 of 1980, establishes liability for damage caused by a wrongful act.

However, identifying the basis of liability also requires examining the defendant’s legal capacity. Liability of the custodian of a thing under Article 243 may apply. This is based on presumed fault, which cannot be rebutted merely by proving careful driving.

Relevant provisions include:

The occurrence of an accident does not, by itself, establish every head of compensation or justify the amount claimed. Liability, causation and individual elements of damage should therefore be examined separately.

Main Defences in a Car Accident Compensation Claim

1. Examining the Basis of Liability and the Defendant’s Legal Capacity

The reason for joining each party and that party’s relationship to the vehicle and accident must be identified. Simply stating that the defendant committed no traffic offence is insufficient without examining the legal basis of the claim.

A defence concerning the custodian of a vehicle differs from one directed at disproving personal fault. It requires consideration of the conditions of custody and control, any external cause, and its effect on the damage.

2. Absence of Causation or an External Cause

The defence may argue that the damage resulted from an external cause, provided the applicable conditions are satisfied and its connection to the accident is established. The precise event and its supporting evidence, such as video footage or a technical report, should be identified.

A tyre blowout or mechanical defect should not automatically be treated as an exemption from liability. The cause of the defect, maintenance history and technical circumstances of the accident must be examined.

3. The Injured Party’s Contribution to the Damage

If the injured party’s contributory fault is established, it may affect compensation under Article 234, subject to the exception concerning the amount of diya, the legally prescribed compensation for death or specified bodily injuries.

Being entirely free from fault should therefore not be presented as a general condition for bringing a compensation claim.

4. Challenging the Assessment of Damage

The response can address each item of the claim separately by asking:

• Do the repair invoices relate to damage caused by this accident?

• Does the amount include pre-existing damage or routine maintenance?

• What documents establish lost income and the period of interruption?

• Do the medical reports connect the injury to the accident?

• Have any amounts already been paid for the same damage, and what effect do they have on the current claim?

A specific objection to an invoice, period or report is clearer than simply stating that “the amount is excessive.”

5. Relying on the Effect of a Criminal Judgment

The criminal judgment, its reasons and its status regarding finality and appeal must be reviewed, as applicable. It has binding effect within the legal limits governing issues common to both proceedings that it necessarily determined.

It should therefore not be assumed that every acquittal defeats a compensation claim, or that a conviction automatically proves every amount claimed.

The Insurance Company’s Role in a Compensation Claim

The insurance policy in force at the time of the accident should be reviewed, together with the status of the insured and injured party, the scope of cover, the applicable rules, and any previous correspondence or settlements.

Practical questions include:

• Is the insurer already a party to the proceedings?

• Is an application to join it or a separate claim required?

• Have any payments already been made?

A claim against the driver or owner does not automatically fall away merely because insurance exists. Each party’s requests must be determined after reviewing the basis of liability, coverage and the appropriate procedures.

Documents Needed to Prepare the Defence Memorandum

Steps for Preparing and Filing the Defence Memorandum

1. Read the statement of claim and identify the relief sought and its legal basis.

2. Arrange the accident facts chronologically and link them to documents.

3. Review the parties’ legal capacities, any criminal judgment and the insurance file.

4. Select defences supported by the case documents.

5. Clearly state the primary and alternative requests.

6. Prepare a numbered document bundle and refer to its exhibits in the memorandum.

7. File the memorandum in accordance with court procedures and deadlines, and follow up on responses and expert reports.

Acquittal or absence of causation does not have to be established before submitting a defence memorandum; those issues may themselves form part of the defence.

Sample Defence Memorandum in a Car Accident Compensation Claim

This is an illustrative template for civil proceedings. Remove inapplicable arguments and complete the legal grounds after reviewing the case file.

Before: [Name of Court]
Division: [Number or name]
Case No.: [........] of [........]
Hearing date: [........]

Defence Memorandum

On behalf of:
[Defendant’s name and legal capacity]

Against:
[Claimant’s name and legal capacity]

First: Facts

The claimant brought this action seeking an order requiring the defendant to pay KWD [........] as compensation for damage allegedly arising from an accident on [........], as set out in the statement of claim.

The defendant presents the following defence based on the attached documents, without admitting any allegation that has not been established.

Second: Defence

1. Basis of liability

[Identify the basis relied on by the claimant and respond by reference to the defendant’s legal capacity and supporting documents, taking account of the rules on custody and control where applicable.]

2. Causation

[Identify the damage whose connection to the accident is disputed and the evidence supporting that objection, or explain the alleged external cause and the conditions for relying on it.]

3. Amount claimed

[Identify each disputed item, the reason for the objection and the supporting document.]

4. Claimant’s contributory fault

[Include only where supported by evidence. Explain its legal effect while observing the exception concerning the amount of diya.]

5. Criminal judgment or previous payments

[Explain the judgment and the limits of its binding effect, or the proven payments and their scope, as applicable.]

Third: Relief Sought

The defendant respectfully requests that the Court:

Primarily: Dismiss the claim because the basis for holding the defendant liable has not been established, for the reasons set out in this memorandum.

Alternatively: Limit compensation to proven damage connected to the accident, take account of amounts established as having been paid for the same damage, and give effect to the injured party’s contribution where legally permissible.

Before determining the merits, if necessary: Appoint a qualified expert to examine [the damage, repair costs or specified technical issue].

Order the claimant to pay costs and an award towards lawyers’ fees, as determined by the Court.

Submitted by: [........]
Signature: [........]
Date: [........]

This template does not seek to overturn a criminal judgment; a challenge to such a judgment must follow the appropriate legal route. Any claim by the defendant for compensation in their own favour also requires a properly constituted claim and the procedures appropriate to the circumstances.

Common Mistakes When Drafting a Defence Memorandum

• Copying the facts of a different accident or inserting inaccurate information.

• Relying solely on good conduct or the absence of previous convictions to deny civil liability.

• Denying facts settled by a binding criminal judgment without considering the limits of its effect.

• Seeking an “acquittal” in a standalone civil action.

• Making general objections without identifying the disputed document or amount.

• Assuming that requesting an expert replaces the need to submit available evidence.

Lawyers and Contact Details

The following names appear on Ineqad’s team listing. The number below is the firm’s central contact number, not a personal number for each lawyer. Assignment of a lawyer depends on review of the matter and availability.

Frequently Asked Questions

Is a Criminal Case Required to Bring a Car Accident Compensation Claim?

A criminal conviction is not required in every case. The basis of the civil claim and the effect of any criminal proceedings depend on the facts and applicable rules.

Is the Absence of a Traffic Violation Enough to Defeat the Claim?

Not by itself. The dispute may concern liability arising from custody and control of the vehicle or another basis requiring separate examination.

Can the Compensation Amount Be Challenged Even If Liability Is Established?

The elements of damage, their value and their connection to the accident can be examined, while respecting matters settled by the criminal judgment within the limits of its binding effect.

Does the Injured Party’s Fault Prevent a Claim?

Not automatically. It may affect the allocation of liability or the amount of compensation, depending on the circumstances and subject to the special rules concerning diya.

Is There a Fixed Amount of Compensation for a Car Accident?

There is no single amount applicable to all accidents. Assessment depends on the type of damage, the evidence and the applicable rules, including provisions governing bodily injury where relevant.

Contact Ineqad to Review Your Accident Case

To prepare a defence memorandum suited to your case, gather the statement of claim, accident report, criminal judgment if any, insurance policy and documents relating to the damage.

Ineqad Law Firm for Legal Consultancy

• Telephone and WhatsApp: +965 6666 8811

• Website: ineqad.com

• Email: info@ineqad.com

This article provides general legal information. The template must be adapted to the case documents and applicable procedures.