Preserve your evidence, distinguish the time limits against the liable party and the insurer, review the medical assessment and quantify each head of damage before signing.
Hicham Ouazzani
Legal Editor — Criminal Law
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Compensation following a road accident in Morocco is based primarily on Law No. 30-80, promulgated by Dahir No. 1-84-177 of 2 October 1984, and Law No. 17-99 establishing the Insurance Code. The former governs the regime applicable to bodily injury caused by a land motor vehicle and its assessment. The latter regulates compulsory motor insurance, actions against the insurer and the Guarantee Fund. Articles 77, 78 and 106 of the Dahir on Obligations and Contracts remain relevant, but they must not displace the special road traffic regime.
The decisive point is the presumption imposed on the custodian of the vehicle. The victim is not in exactly the same position as a claimant who would have to prove, solely under Articles 77 and 78 of the DOC, the driver’s complete personal fault. The regime under Law No. 30-80 is a form of qualified strict liability: the vehicle’s involvement gives rise to a presumption of liability on the part of its custodian. The custodian may rebut the presumption by proving force majeure, the victim’s exclusive fault or the act of a third party meeting the required criteria.
This protection does not mean that every injured person automatically receives full compensation. If a pedestrian suddenly crosses a prohibited road, a motorcyclist makes a decisive manoeuvre or several vehicles are involved, the court examines the causal link between each person’s conduct and the damage. Exclusive fault may result in dismissal of the claim against the relevant custodian. Merely contributory fault is more likely to result in an apportionment of liability, for example 25%, 50% or 75%, depending on the proven circumstances and the trial courts’ sovereign assessment.
Articles 120 et seq. of the Insurance Code make motor third-party liability cover compulsory. This cover protects injured third parties; it does not necessarily cover injuries sustained by the driver who caused the accident. That driver must seek cover under personal driver insurance, an individual accident policy or the liability insurance of another vehicle. Exclusions and defences also require caution: some may be invoked against the insured but not against the victim, in which case the insurer may, depending on the circumstances, retain a right of recovery against its insured.
The claim may be brought before the Court of First Instance with territorial jurisdiction or submitted through a civil-party application before the criminal court hearing the accident case. The choice depends on the status of the criminal proceedings, the need for an expert assessment and the limitation period. The insurer must be duly joined so that the judgment is enforceable against it. The reference to 2026 in this guide reflects a practical update of time limits, costs and salary benchmarks; it does not mean that a general reform of Law No. 30-80 entered into force that year.
When someone is injured, call the emergency services and contact the police in an urban area or the Royal Gendarmerie on roads falling within its jurisdiction. A joint accident statement is rarely sufficient to deal properly with bodily injury. Even if the pain seems minor, an initial medical certificate must be issued on the same day or as soon as possible. A neck injury, dental injury or neurological disorder reported several weeks later will be more difficult to link to the accident.
The official report identifies the drivers, owners, insurers and witnesses. It may include a sketch, photographs, statements, the condition of the road and the results of alcohol testing or other checks. Read your statement carefully before signing it and have any clerical error corrected. A copy is not always provided at the scene: it is generally requested from the Public Prosecutor’s Office or court registry after the file has been transmitted, either directly where the procedure allows or through a lawyer.
Notification to the insurer is governed first by the terms of the standard contract and the policy taken out. Five working days is a commonly stipulated period for a motor claim, but it should not be presented as a uniform rule under Law No. 30-80. Some policies require notification within forty-eight hours where bodily injury or a serious event has occurred. Read the special and general terms, then report the claim immediately by a method providing a legally verifiable date, even if the official report is not yet available.
Next, send a claim to the insurer of the liable vehicle. It must state the victim’s identity, the date and location of the accident, the registration number, the known policy number, the injuries and the initial expenses. Attach the documents already available and indicate that the official report or medical stabilisation report will be sent later. Registered mail with acknowledgment of receipt, filing against a receipt or any electronic channel recognised by the insurer can prove the date, unlike an unconfirmed telephone conversation.
At the scene, photograph the positions of the vehicles, number plates, braking marks, traffic lights, signs and visible injuries without obstructing the emergency services. Obtain the names, addresses and telephone numbers of independent witnesses. Also retain taxi or ambulance receipts, prescriptions, invoices, sick-leave certificates and damaged items. If the driver flees, file a complaint immediately and provide any partial number-plate details, shop videos or available descriptions; such evidence often determines whether the vehicle can be identified or the Fund can be approached.
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The initial medical certificate is the first medical document in the file. It must mention fractures, wounds, dental injuries, neurological damage, localised pain and observed psychological symptoms. An imprecise phrase such as “multiple pains” leaves too much room for dispute. Attach X-rays, scans, surgical reports and prescriptions. If an injury is discovered after several days, request a supplementary certificate explaining its connection to the accident rather than artificially altering the first document.
The final assessment takes place after medical stabilisation, meaning when the condition is no longer likely to improve significantly in the short term despite the possible continuation of maintenance care. Stabilisation does not mean recovery. A simple fracture may stabilise within a few months, whereas a head injury, spinal cord injury or post-traumatic stress disorder may require monitoring for a year or more. A settlement reached before that date risks overlooking consequences that cannot yet be measured.
The expert assesses temporary incapacity, the permanent physical incapacity rate, pain, appearance, future care and the need for assistance. Temporary incapacity mentioned in criminal proceedings must not be confused with the period of occupational loss or with permanent physical incapacity. Permanent physical incapacity is expressed as a percentage after medical stabilisation and must correspond to consequences attributable to the accident. The doctor describes the limitations; the insurer or court then applies the legal and financial rules under Law No. 30-80.
The medical adviser appointed by the insurer works for the party that instructed them. Their opinion is evidence in the file, not a binding decision. The victim may attend with an independent medical adviser, submit written observations or request another assessment. If the disagreement concerns an 8% rather than 15% permanent physical incapacity rate, an excessively early stabilisation date or omitted future care, the challenge must be medical, documented and submitted before a final discharge is signed.
A private medical assessment commonly costs between 1,500 and 5,000 DH in 2026, and sometimes more for neurology, psychiatry or multiple trauma. This range is based on observed professional practice and not on a regulated national tariff. A judicial expert assessment requires a deposit set by the judge, often amounting to several thousand dirhams, which should be confirmed with the court registry according to the assignment and the appointed expert. The final judgment allocates costs, but the victim may have to advance the expert’s deposit.
The accident compensation scale in Morocco is based neither on a fixed daily amount for temporary incapacity nor on an identical monetary value for each permanent physical incapacity point. Law No. 30-80 uses, in particular, the victim’s age, annual professional earnings, permanent incapacity rate and the reference capital amounts shown in its tables. The applicable capital generally decreases with age, which explains why the same incapacity rate does not produce the same result for a 25-year-old victim and a 65-year-old victim. The applicable statutory table must be consulted for each calculation.
During temporary incapacity, an employee provides payslips, a detailed employer’s certificate, CNSS records and proof of the amounts actually maintained or lost. A self-employed person provides tax returns, invoices, receipt books, contracts and bank statements. Income that continued to be paid in full should not be claimed as a loss. However, discontinued regular bonuses, unpaid days or a documented fall in turnover may be argued where their connection to the accident is established.
For the 2026 benchmarks, the statutory non-agricultural minimum wage increases to 17.92 DH per hour from 1 January 2026, or approximately 3,422.72 DH per month based on 191 hours. The agricultural minimum wage reaches 97.44 DH per day from 1 April 2026. These amounts result from successive regulatory increases and must be verified in the Official Gazette for the precise period of incapacity. They are a subsidiary benchmark, not income automatically attributed to every victim without supporting evidence.
Consider a purely educational example: a 30-year-old victim proves annual income of 41,073 DH, approximately twelve months of the 2026 SMIG, and retains permanent physical incapacity of 15%. The capital corresponding to the victim’s age and income bracket must first be identified in the statutory schedule, after which the mechanism provided by law must be applied. Simply multiplying 41,073 DH by 15% would be incomplete and legally misleading. Pain, future care and occupational consequences must then be considered separately without double compensation.
The statutory tables may result in significantly different capital amounts or annuities depending on age, but no reliable general range can be given without income, date of birth and the medical rate. Estimates published online, such as 30,000 to 150,000 DH for any permanent physical incapacity, often combine incomparable situations. For any annuity awarded under the statutory conditions, the capitalisation coefficient and exact age must be checked. The final amount also depends on the apportionment of liability, which may reduce the calculated total.
Hospital costs, medicines, rehabilitation, transport, medical equipment and assistance are claimed with prescriptions and invoices. Reimbursements from the CNSS, AMO or a mutual insurer must be identified to calculate the outstanding cost and any recovery claims by the relevant organisations. For a renewable prosthesis, the medical report must specify its price, service life and replacement frequency. A standalone quotation without a prescription or evidence of need will be more easily challenged by the insurer.
When the vehicle is insured, submit a claim accompanied by the available official report, medical records, invoices and proof of income. The amicable settlement mechanism under Law No. 30-80 provides for an offer from the insurer within a period commonly stated to be sixty days after receipt of the claim and the documents required by law. The starting date may be disputed where the file is incomplete or medical stabilisation has not been reached; you should therefore request an acknowledgment of receipt listing any missing documents and check the legislation applicable on the date of the accident.
The insurer cannot indefinitely turn a complete claim into a file merely described as “under review.” When the applicable period expires, send a formal notice recalling the date of receipt, the documents provided and the expected response. If the condition has not stabilised, request an interim payment rather than a final offer. Payment of an advance must be clearly characterised and deducted from the future amount without any general waiver clause. The payment period after agreement depends on the legislation and the signed settlement; check it before accepting.
A written internal complaint to the insurer’s competent department is often the first step. If no useful response is received, the matter may be referred to the Insurance Ombudsman in accordance with its charter and admissibility requirements, generally after the prior complaint process has been exhausted and provided the dispute has not already been finally adjudicated. The referral includes the complaint, any response, the contract, the official report and the disputed offer. Caution: mediation must not be assumed automatically to suspend or interrupt the limitation period without legal verification.
Articles 134 et seq. of the Insurance Code govern the Road Traffic Accident Guarantee Fund. It may intervene in respect of bodily injury where the liable party is unknown, uninsured or without cover that can be invoked for a reason specified by law. The Fund is not comprehensive insurance and examines admissibility, the vehicle’s involvement, liability and damage. When it compensates a victim of an identified uninsured driver, it may subsequently seek recovery from that driver.
The file submitted to the Fund includes the official report, the complaint in the event of a hit-and-run, medical certificates, the expert assessment, evidence of expenses and income and documents establishing the absence of insurance. Special time limits for notification, applications and proceedings apply in addition to ordinary limitation periods. Their calculation varies depending on whether the liable party is known, unknown or identified at a later date. The Fund should therefore be contacted by traceable mail as soon as the situation becomes apparent, rather than waiting for the criminal proceedings to end or for the five-year civil period to expire.
Following a fatal accident, Law No. 30-80 recognises several categories of damage for beneficiaries who meet its requirements. The case does not involve a single lump sum paid to the family. Each spouse, child, ascendant or other eligible person must be identified and their entitlement calculated separately. Heirship is not always sufficient to obtain compensation for economic loss: where that head of damage requires it, the claimant must establish that the deceased actually contributed to their needs or the household budget.
Economic loss corresponds to the proportion of the deceased’s resources of which the relative has been deprived. The calculation takes account of established professional income, household composition, the deceased’s personal consumption share and the specific rules under Law No. 30-80. Payslips, CNSS declarations, tax assessments, business documents and bank statements are therefore essential. For a craftsperson or farmer without complete accounts, invoices, contracts, detailed statements and tangible evidence of the activity may supplement the file, subject to the court’s assessment.
Non-pecuniary damage compensates the personal harm suffered by relatives designated under the statutory regime. It is not calculated in the same way as loss of income and must not be confused with the estate’s assets. Funeral, burial and body transportation costs constitute another head of damage, reimbursed upon production of supporting documents within the accepted limits. An invoice issued in the name of the relative who actually paid facilitates the claim. Ceremonial expenses without supporting documents or a direct connection are more likely to be reduced.
Gather the death certificate, official report, available medical certificate or autopsy report, marriage certificate, birth certificates and deed of inheritance. For a foreign document, an apostille or legalisation and a sworn translation may be required depending on the issuing country. The deed of inheritance identifies the heirs, but each beneficiary must still prove the head of damage claimed. If a child is a minor, the legal representative acts on the child’s behalf, and a settlement affecting the child’s rights may require authorisation or supervision from the competent judge.
Before signing, check that the agreement separately identifies economic loss, non-pecuniary damage, funeral expenses, interim payments and each beneficiary’s share. A lump-sum payment made to a single family member creates disputes and complicates the protection of minors. The insurer must also explain the accepted annual income, the deducted personal consumption share and the apportionment of liability applied. A disagreement over the deceased’s income often justifies requesting a quantified explanation before any final settlement.
Two limitation periods must be distinguished. A civil tort action brought against the liable party or custodian is, in principle, governed by Article 106 of the Dahir on Obligations and Contracts: five years from the time when the victim becomes aware of the damage and of the person liable for it, without exceeding twenty years from the harmful event. This rule, frequently applied by the courts to road traffic accidents, must not be confused with the special periods under the Insurance Code. The medical stabilisation date may affect certain arguments, but it does not permit the victim to wait without taking precautions.
An action arising from the insurance contract or a direct action against the insurer is, in principle, subject to the two-year period laid down in Article 33 of Law No. 17-99 establishing the Insurance Code. Its starting date, grounds for interruption and interaction with the action against the liable party must be analysed separately. This is the most costly practical mistake: believing that the five-year civil period automatically protects the claim against the insurer. The periods specific to the Guarantee Fund may be different and more restrictive still.
A claim notification, reminder or telephone discussion does not necessarily interrupt the limitation period. A clear acknowledgment of the right by the debtor may have an effect, but its content must be proved. As the deadline approaches, valid service of proceedings on the liable party, custodian and insurer is generally safer, subject to the chosen strategy. The precise effect of an amicable expert assessment, mediation or criminal proceedings must also be checked: none of these measures should be assumed to preserve the claim without examination of the case.
The amicable phase begins with a complete claim, followed by the expert assessment and the insurer’s offer. If the medical findings are disputed, request a second assessment before discussing the final amount. An internal complaint followed by referral to the Insurance Ombudsman may enable settlement without a judgment, but these steps do not replace the measures required to preserve time limits. Retain acknowledgments of receipt and require an itemised offer stating the income, age, permanent physical incapacity rate, accepted liability and each deduction.
If no agreement is possible, proceedings are brought before the competent Court of First Instance or before the criminal court through a civil-party application. The court may order an expert assessment, determine the apportionment of liability and calculate compensation. The observed period before a first decision often ranges from twelve months to three years, and sometimes longer where there are multiple expert assessments or an appeal; this range is based on court practice and is not a guaranteed statutory period. An appeal must generally be filed within thirty days of service, in accordance with Article 134 of the Code of Civil Procedure.
A settlement must specify whether it is interim or final, the covered heads of damage, interim payments already made and the beneficiaries. A validly concluded final discharge will normally end the dispute that it resolves. Setting it aside requires a serious legal ground, such as fraud, a fundamental mistake or duress, which may be difficult to prove. A genuinely new medical deterioration must be distinguished from a consequence that was already known or foreseeable when the agreement was reached. The document should therefore be signed only after the medical report and calculation have been read in full.
Signing too early remains the most difficult mistake to correct. A victim deprived of wages may accept a cheque to finance treatment without noticing that the discharge states it is in full and final settlement of all damage. If medical stabilisation has not been reached, permanent physical incapacity, future care and occupational impact cannot yet be quantified. Request an interim payment that expressly preserves future rights. The document must state that it is a deductible advance and not a settlement that finally resolves the bodily injury claim.
Another trap is waiting until the criminal proceedings end in the belief that all limitation periods are suspended. The action against the liable party, the action against the insurer and the referral to the Fund are not necessarily subject to the same period. While the Public Prosecutor’s Office prosecutes the driver, the victim must report the claim, identify the insurer, prepare the medical file and preserve each action. A criminal conviction may make it easier to establish the facts, but it replaces neither joinder of the insurer nor a properly quantified civil claim.
An apparently high offer may still be insufficient if it uses the wrong income, omits future care or reduces liability without justification. Conversely, a high permanent physical incapacity rate does not guarantee a specific award without the victim’s age and reference income. Request the complete mathematical breakdown and compare it with the tables under Law No. 30-80. If the insurer accepts an 8% permanent physical incapacity rate while the treating doctor describes severe limitations, a reasoned second medical assessment is more useful than merely disputing the amount in dirhams.
Undeclared workers may produce invoices, detailed statements from clients, contracts, bank statements, late but truthful tax returns and photographs of the activity. The court has discretion in assessing this evidence and is not required to accept the stated income. The applicable SMIG or agricultural minimum wage may serve as a subsidiary benchmark when the activity is established, but it does not automatically replace evidence. Fabricating a certificate or artificially increasing income may result in rejection of the document and criminal consequences.
The lawyer identifies the custodian, driver, owner, insurer and organisations that must be joined. The lawyer checks the two-year limitation period under Article 33 of the Insurance Code separately from the period under Article 106 of the DOC, prepares the expert’s terms of reference and quantifies each head of damage. The lawyer may also refer the matter to the Insurance Ombudsman, negotiate an interim payment or commence court proceedings. Such involvement does not guarantee an outcome, but it reduces the risk of signing an unsuitable discharge or suing only one party while a deadline expires.
An initial consultation often costs between 500 and 2,000 DH in 2026, depending on the city, duration and complexity; this is a range based on practice, not a statutory tariff. Litigation fees are agreed with the lawyer in accordance with Law No. 28-08 governing the legal profession. For persons without sufficient means, legal aid is based, in particular, on Royal Decree-Law No. 514-65 of 1 November 1966, as amended. The application is filed with the competent office, and acceptance is not automatic.
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