It is required by law for every motorist to have civil liability coverage, known as “third party insurance,” which covers physical and material damage to others in a road accident.
If the person responsible for the collision does not have insurance, he or she is exposed to being fined and, most seriously, having to face the costs of the accident with his or her own assets. It may also happen that the driver had insurance, but suspended it for not paying the fee on time.
In these cases, obtaining compensation can be more complicated. However, the procedure to follow depends on several key factors:
- Who was to blame?
This is defined according to the mechanics of the accident, considering factors such as speed, the driver’s condition and the priority of passage. If the other driver was at fault, the claim can be made to his insurer or directly against him if he does not have insurance. - How much was my car damaged?
If the collision caused partial damage or if the cost of the repair exceeds 80% of the value of the vehicle (according to the policy), the car is considered “destroyed” and compensation will be issued. Depending on the type of coverage, this will be handled by the corresponding insurer. - What type of insurance do I have?
If I have “comprehensive” coverage, my insurer will cover the damages, even if the other driver does not have insurance. If I only have “third party” coverage, the situation changes. This type of insurance does not cover damage to my vehicle, so I will have to claim directly from the person responsible for the accident.
What to do if the driver does not have insurance?
If the driver does not have insurance or their policy is not up to date, the claim must be directed to the vehicle owner or driver. In the event of a leak, it is key to obtain the vehicle’s license plate to request a ownership report and know who the owner is.
In all cases, this situation unfortunately makes things not easy.
Author
Franco Piazze
Lawyer
T° 131 F° 976 CPACF
1163690761
1177001957 int 2001
tenerunchoque.com.ar
by CEDOC
