The man who caused damage to his car gave him more than the cost of its repair
Fatwa No: 108341

  • Fatwa Date:22-5-2008 - Jumaadaa Al-Oula 17, 1429
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Question

Assalamu Alaikum Waramtullahi Wabarakatuhu, I was involved in a car accident in which i was not at fault. I asked the guy that hit my car if he wanted to call the police and go thru the insurance or pay me cash to fix my car. I gave him an estimate about the extent of the damage and he agreed to pay according to my estimate, trying to avoid the police and the hassle of the insurance companies as they are haramiah. I told him that i will do my best to fix my car at a low price and if there will be any money remaining from the cash he gave me i will return it to him. But he answered that he wanted no money back from me even if the repair will cost as little as 150 Dollars and i can keep the rest. My question is: Can i still keep the money and do other repair on my car or return the money to that guy even if he asked to keep it? Jazakum Allahu Khairan Wassalamu Alaikum Warahmatullahi Wabarakatuhu. Your brother Abdelaziz from Toronto Canada

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

 

It is your right to ask the person who damaged your car to pay for the cost of the exact damage caused to your car. Indeed, you did well as you agreed with the other party not to take the case to the police as this would have resulted in you getting your compensation from the insurance companies and it is known that the commercial insurance contracts are invalid as they consume people’s money without right.

If the person whom you mentioned is happy with what he paid you even if the cost of the repair is less than what he gave you, then it is permissible for you to own the remaining amount of money from the repairs and benefit from it in any permissible way.

Allaah Knows best.

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