Kuwait Court of Cassation principle number 1708

The obligation of owners of motor vehicles to insure against civil liability is stipulated for the benefit of third parties. The injured person’s right of recourse against the insurer is a direct right derived from the law. Its conditions. That the car be insured - 334 - Obligation and that its driver’s liability for the damage be established, whether or not he is a subordinate of the insurer. Whether or not he was permitted to drive it. The implication. The injured person is not required to obtain a judgment establishing liability for the accident or to join the insured in his direct action, and compensation may be determined by agreement between the injured person and the insurer. Its effect. The trial court may ascertain the absence of exaggeration therein or collusion.