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The Administrative Court of Casablanca has ruled that the National Motorway Company of Morocco must compensate an individual for damages to his car after he collided with a donkey on the highway.
The incident occurred on August 29, 2022, when the driver unexpectedly encountered a donkey crossing the highway, resulting in material damage to his vehicle.
In his complaint, the driver argued that the company was responsible for protecting road users and requested compensation for the damages. In response, the National Motorway Company requested the involvement of the relevant insurance company to cover the compensation. The insurance company, in turn, argued for the rejection of the claim, citing the incident as accidental and beyond the company's control.
The court, however, ruled that the company must compensate the affected driver with 32,300 dirhams, with the insurance company stepping in to cover the payment and associated costs.
The ruling attributed responsibility to the company, citing negligence in failing to take necessary precautions, such as fencing the motorway to prevent animals from crossing and causing accidents. It further noted that, as the motorway is a paid service, the company's failure to prevent animal entry constitutes a service error warranting compensation, particularly since it could not prove that all necessary precautions had been taken to prevent the incident.
