What happens if the vehicle responsible for a traffic accident lacks mandatory insurance?

In Spain there are about 2.

Oliver Thansan
Oliver Thansan
06 November 2023 Monday 22:25
7 Reads
What happens if the vehicle responsible for a traffic accident lacks mandatory insurance?

In Spain there are about 2.6 million vehicles without insurance, that is, approximately 8% of the vehicle fleet registered by the General Directorate of Traffic (DGT). According to a study carried out by the insurer Línea Directa, in the last decade there have been around 300,000 accidents caused by animals that do not have a policy. Its hiring is mandatory so that there is coverage for possible incidents on the road. With the aim of raising awareness about the need to comply with what is established by the regulations, the Foundation for Road Safety (Fesvial) and the Spanish Office of Automobile Insurers (Ofesauto) have launched the campaign "Don't be a zombie, drive with insurance ".

According to data from the Spanish Union of Insurance and Reinsurance Entities (UNESPA), each year in Spain, 230,552 accident victims are treated, including injured, deceased and their families. This means that every 2 minutes and 17 seconds a person needs health assistance from an insurer for a road incident recorded on the road.

Not having contracted a valid policy that covers, at least, the civil liability of the driver entails a financial penalty that ranges between 601 and 3,005 euros (the amount depends on the seriousness of the infraction, that is, it will not be the same has been without insurance for three days than having been unprotected for 3 months).

In addition to the fine, the vehicle owner has a period of 5 days to prove that he or she has taken out insurance. Otherwise, your car will be immobilized for a period of between 1 to 3 months if you are a repeat offender. Before removing the vehicle from the warehouse you will have to prove that you have valid insurance.

But what happens if a driver behind the wheel of an uninsured vehicle causes an accident? In this case, you must take responsibility for both material and personal damages caused to third parties, and if you cannot, the Insurance Compensation Consortium (CCS) will do so, which can subsequently claim compensation from the driver or owner of the vehicle. Depending on the severity of the incident, the figure can rise to many thousands of euros.

Although the CCS acts as a final guarantee for affected third parties, it is common for these situations to generate defenselessness in those drivers who have their car or motorcycle insured and have had an accident with a vehicle without the mandatory policy. “In addition, when this happens, the claims tend to be more complex and take longer to resolve,” they explain from Línea Directa.

It is worth remembering that, even if the vehicle is parked in a garage and is not driving on public roads, the regulations require that you take out at least one civil liability policy. Royal Decree 8/2004, relating to the Law on civil liability and insurance in the circulation of motor vehicles makes it very clear in its article 2.1: “Every owner of motor vehicles who has his habitual parking in Spain will be obliged to subscribe and maintain a valid insurance contract for each vehicle owned.” The objective is to cover his liability for any damage that his vehicle may cause to other people and vehicles. For example, even if it is parked, it could catch fire or not have the handbrake on and run over someone.

A car is only exempt from having mandatory insurance if it is permanently or temporarily deregistered - with a duration of one year, extendable annually - before the DGT and not moved from the garage. The request to temporarily deregister a vehicle can be made online or in person for a cost of 8.67 euros. The extension of the temporary leave can be requested up to 2 months before the end of the current one.

At the end of the temporary withdrawal period, the vehicle will automatically return to the administrative registration status, with all the implications that this has. If you plan to temporarily deregister a vehicle and do not want to pay the vehicle's circulation tax, you must make the process before January 1, the date on which this tax is generated; If the vehicle was registered on that date of the year, the City Council will charge it.