Road Accident in Agadir or Inezgane: The Right Reflexes and Your Compensation

The roads linking Agadir, Inezgane, Ait Melloul, Dcheira and Biougra are among the busiest in the Souss region: lorries, motorbikes, taxis, transport of farm workers and tourist traffic on the coast road. Accidents are unfortunately frequent. For victims and their families, the period after an accident is hard, and it is often then that the mistakes are made that reduce compensation. Here are the right reflexes and how the compensation system works in Morocco.

At the scene: safety, emergency services, evidence

1. Get to safety and warn other drivers to avoid a second collision.
2. Call the emergency services if anyone is injured: civil protection (15), the police in town (19) or the Royal Gendarmerie outside built-up areas (177).
3. Do not move the vehicles if there are serious injuries, unless there is danger, before the authorities arrive.
4. Gather evidence: photos of the scene and vehicles, number plates, witnesses’ contact details, drivers’ identities and insurers.
5. If there is only material damage, fill in an accident report form with the other driver, without signing anything you do not understand.

The essential documents

When an accident causes injuries, the police or gendarmerie draw up an official report. It is a central document: it describes the circumstances and serves as the basis for determining liability. Ask for a copy as soon as it is available. Also keep:

• the initial medical certificate, which describes the injuries and sets the period of temporary incapacity;
• all medical reports, X-rays, prescriptions and invoices;
• proof of income (payslips, tax returns), essential for calculating loss of earnings;
• correspondence with the insurance companies.

Also report the accident to your own insurer within the time limit in your policy.

How is compensation calculated?

In Morocco, compensation for personal injury caused by motor vehicles follows a specific legal regime based on a statutory scale. The amount depends in particular on:

• the victim’s age and income;
• the permanent disability rate set by a medical expert;
• the length of temporary incapacity for work;
• medical expenses incurred and future;
• additional losses, such as pain and suffering or disfigurement, under the conditions set by law.

In the event of death, the dependants (spouse, children, parents, as provided by law) can be compensated for loss of financial support and non-pecuniary loss.

Each party’s liability matters: if the victim was also at fault, compensation may be reduced accordingly. Hence the importance of the official report and witness statements.

The medical expert examination: a decisive step

The permanent disability rate set by the expert weighs heavily on the final amount. It is important not to accept consolidation too early, to attend the examination with your full medical file and, if necessary, to challenge a report that underestimates the after-effects.

The insurer’s offer: do not sign too quickly

The liable party’s insurer may propose an out-of-court settlement. It can be worthwhile, but once signed it is hard to undo. Before accepting, check that every head of loss has been included and that the calculation respects the statutory scale. If no agreement is reached, the victim can go to court: either by joining the criminal proceedings as a civil party, or through a civil claim before the competent Court of First Instance, notably in Agadir or Inezgane.

Uninsured or hit-and-run drivers

If the person responsible is uninsured, unidentified or fled the scene, victims still have recourse: the Road Accident Guarantee Fund can, under certain conditions, cover compensation for personal injury.

Special cases

• Commuting accidents: an employee injured on the way between home and work is in principle covered by workplace accident legislation, with its own rules. This is common for workers transported to the farms of Chtouka, see lawyer in Biougra.
• Taxi or bus passengers: they are covered by the carrier’s insurance.
• Pedestrians and cyclists: they also benefit from the compensation regime.

A worked example

A motorcyclist injures his leg on the road between Inezgane and Agadir. A few weeks later, while he is still in rehabilitation, the insurer of the vehicle at fault offers him a quick settlement. On his lawyer’s advice, he waits until his injuries have stabilised, gathers his payslips and his full medical file, and then attends the expert examination. The disability rate assessed and the income lost while he was off work are then included in the calculation, in line with the statutory scale. The final compensation reflects his actual loss far better than the first offer did. This simplified example shows why you should not sign before you have a complete picture of the after-effects.

Frequently asked questions

Do I need a lawyer to be compensated?

It is not always mandatory, but a lawyer helps gather evidence, check the calculation and avoid an unfavourable settlement.

How long does compensation take?

It depends on the length of treatment, the expert examination and the insurer’s attitude. An out-of-court settlement is generally quicker than court proceedings.

A lawyer for accident victims in Agadir and Inezgane

The office of Maître Said Laachili, based in Inezgane, assists accident victims and their families in Agadir, Ait Melloul, Dcheira and Biougra, as part of its accidents and insurance and criminal law practice. To find out what support costs, see lawyers’ fees, and to prepare a first appointment, the legal consultation. Been in an accident? Contact the office.