Phantom Braking Accidents : Who's Liable Under UAE Car Insurance?

In the UAE, the police accident report decides who pays for the crash. In a rear-end hit, the driver behind usually carries the fault for not keeping a safe distance. Your comprehensive car insurance will still cover damage to your own car. But if a vehicle defect is proven to have caused the braking, you can take action against the manufacturer through the UAE’s consumer protection and recall process.

What is Phantom Braking?

Phantom braking is when your car’s automatic emergency braking system reacts to a false alarm. The car’s radar or camera might mistake things like shadows, overpasses, metal signs, or glare for real hazards and suddenly apply the brakes, even though there is nothing actually in the way.

Phantom braking happens most often in cars with Advanced Driver Assistance Systems (ADAS), which include many new petrol cars, hybrids, and electric vehicles sold in the UAE.

What Causes Phantom Braking?

Phantom braking happens when the car’s sensors or software misread the road. Common causes include:

• Radar or camera misreads: Shadows under bridges, overhead gantries, or reflective road signs are mistaken for stopped objects.
• Sensor calibration errors: These often happen after a windscreen replacement or body repair where sensors were not recalibrated.
• Software faults: A bug in the driver-assistance software makes the system brake for objects that pose no risk.
• Environmental conditions: Heavy glare, dust, and sudden light changes can confuse cameras. These conditions are frequent on UAE highways.
• Dirty or blocked sensors: Sand or grime over the front radar can distort readings.

Manufacturers acknowledge these limits in their own manuals. That is why every carmaker states that AEB assists the driver, and not replaces them.

Who is Liable for a Phantom Braking Accident in the UAE?

The driver named at fault in the official police report is liable for a phantom braking accident in the UAE. The UAE does not have a separate liability rule for phantom braking. Police apply Federal Decree-Law No. 14 of 2024 on Traffic Regulation, which took effect on 29 March 2025 and applies to all vehicles and drivers. Insurers then settle claims strictly according to that police report.

Here is how fault usually falls in the three most common phantom braking scenarios:

Scenario	Who is Usually Held at Fault
Your car phantom-brakes and the car behind hits you	The driver behind
Your car phantom-brakes and you swerve into another lane	You (the swerving driver)
Your car phantom-brakes and you hit nothing, but the car is damaged (e.g., items thrown, minor loss of control)	Usually recorded as a single-vehicle incident against you

This is a real issue. As per the Ministry of Interior’s open data, there were 6,014 major traffic accidents in the UAE in 2025, which is a 23% increase from 4,898 in 2024. Rear-end and lane-change collisions are among the most common causes.

Is Phantom Braking Covered by Car Insurance in the UAE?

Yes, a crash caused by phantom braking is treated as a normal road accident under the UAE's unified motor insurance policies, issued under Insurance Authority Board Decision No. 25 of 2016 and now administered by the Central Bank of the UAE (CBUAE). What gets paid depends on which policy you hold:

Cost after the crash	Comprehensive policy	Third-party only policy
Damage to your own car	Covered (you pay the excess)	Not covered and you pay yourself
Damage to the other car/property	Covered, up to AED 2,000,000 per accident	Covered, up to AED 2,000,000 per accident
Injury or death of third parties	Covered — the amount a court awards, with no upper limit	Covered — the amount a court awards, with no upper limit
Ambulance and medical transport	AED 6,770 per injured person, paid to the ambulance provider	AED 6,770 per injured person, paid to the ambulance provider

Two things in the unified policies are important here. First, the insurer cannot refuse your claim just because you notified them late, if you have an acceptable reason. Second, the insurer cannot use a defence it has against you (the insured) to deny the injured third party's compensation.

When Can the Insurer Refuse a Phantom Braking Claim?

The unified policy lists fixed exclusions.

Your claim can be rejected if the driver was unlicensed or held the wrong licence category, or if the accident was intentional. Claims can also be denied if the car was in a speed race or test or if it was used off-road without extra cover. A software fault in your AEB system is not on the exclusion list, so a genuine phantom braking crash, reported correctly, is claimable.

Does an EV or ADAS-Equipped Car Change Your Insurance Premium?

It can, and in both directions.

The CBUAE's unified motor tariff rules allow insurers to grant up to a 25% premium reduction at renewal for electric vehicles and to reward accident-free records with further discounts. On the other side, a claim on your record raises your renewal price, whatever caused the crash. A phantom braking claim counts like any other claim.

One practical takeaway: after any ADAS-related windscreen or body repair, insist on documented sensor recalibration. It protects the system's reliability and your claims record.

Disclaimer: This article is general information, not legal or insurance advice. Fault in any accident is decided by the police and, where disputed, the UAE courts. Check your own policy wording and speak to a licensed insurance advisor for decisions about your cover.

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