Spanish law obliges all motor vehicle owners to take out and maintain insurance. However, the Directorate General for Traffic estimates the number of vehicles without insurance at 2.6 million, approximately 8% of the total. In the last decade, the number of traffic accidents involving an uninsured vehicle exceeded 300,000 claims.
minor traffic accident
This represents a risk for the owners of what are known as “zombie vehicles”: in an accident they will not only have to face the sanctions for non-compliance with the legislation, they will also have to face the expenses and damages derived, whether or not they are at fault.
claim compensation for traffic accident
What are the consequences of driving without insurance?
- Responsibility: If one of those involved does not have a policy, even if he is not the culprit, he automatically becomes responsible.
- Damages and compensation: according to the Road Safety Law, the guilty party must respond for damages to third parties. Considering damages and injuries, the economic expenses may exceed the patrimony of the person responsible, with the risk of seizure of personal assets.
- Sanctions: The penalty for driving without insurance ranges from €601 to €3,000, depending on factors such as the period of non-compliance, use of the vehicle or its category. The usual penalty for a car is €1,500.
- Without legal defense: the defense must be assumed by the person responsible, it being relevant to point out that a criminal proceeding derived from a traffic accident can imply a prison sentence.
- immobilized vehicle: the uninsured vehicle will be immobilized.
- Record: the event will affect the conditions of future policies.
- Psychological consequences: The psychological consequences of a traffic accident are significant and the consequences of not having insurance, including facing economic expenses, aggravate them.
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The law requires liability for damages caused in the accident
The Road Safety Law requires the guilty party to face the damages and expenses derived from the accident. What cases can you find yourself in a traffic accident without insurance and who is responsible in each one?
- Guilty and uninsured. If the culprit does not have a policy, they must pay the cost of the economic damages and the injuries produced, as well as the corresponding sanction. In case of not being able to face the compensation, these will be covered by the Insurance Compensation Consortium and can later be claimed from the culprit.
- Not guilty and no insurance. The person involved without insurance, even if he is not responsible, becomes guilty and must deal with the situation in the same way as in the previous case.
- The opposite does not have insurance. In an accident in which the other party does not have insurance, it is always advisable to sign an amicable part and that the person involved with the policy contact their insurer and the Insurance Compensation Consortium to expedite the procedures, the latter being the one that will take charge. of compensation if the contrary does not do so without insurance.
Claim your accident compensation
What is the Insurance Compensation Consortium?
The Insurance Compensation Consortium (CCS) is a public entity that guarantees compensation for claims not covered by insurers. The competent authorities in sanctioning matters have the obligation to deliver to the CCS 50% of the total collected through sanctions, helping to cover the compensation to the victims. It is usual that after making payments, the CCS files a claim against the party responsible to recover at least part of the amount.
What can you do to prevent the consequences?
Civil liability insurance: the best prevention against an accident.
According to current legislation, any vehicle with regular parking in Spain is required to have insurance and only after deregistering the vehicle does this obligation disappear. Keeping a policy up to date is, in addition to a legal obligation, the best way to be covered against possible accidents and their disastrous consequences.
The importance of legal advice in a traffic accident without insurance.
In the event of suffering a traffic accident in which one of those involved does not have a policy, it is advisable to request legal advice to guarantee that the procedures carried out by the insurer and the CCS are carried out in the simplest way and are the most favorable for all parts.
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