Accident With A Car Without Insurance: What To Do?
What happens if you are involved in an accident and the other car is uninsured or run away without being identified? Who should intervene?
In case of car uninsured or unidentified intervenes the Guarantee Fund for the victims of the road, an organization operating from June 12, 1971 administered by Consap (Dealership Insurance Services Public SpA), a company wholly owned by the Ministry of Economy and Finance . Its task is to ensure a fair compensation to injured parties in the event of a claim involving a means uninsured or a vehicle that is not identified, the so-called road hogs. The Fund is endowed by a rate of premiums for compulsory insurance of civil liability for damage caused by the operation of motor vehicles and boats, in short, the all pay those who make an insurance policy.
But how many cars circulating without insurance?
It is estimated that in recent years, due to the continuing economic crisis and a price of insurance, albeit in sharp decline, the most expensive in Europe, the number of vehicles circulating in the beautiful country without proper insurance coverage is estimated at 4 million vehicles, namely about 8.7% of the fleet in highway. A record that does not seem to stop.
What types of claims covering the Fund?
The Fund "covers" four types of claims, or if the accident was caused by:
- An unidentified vehicle: in this case are compensated only personal injury. If the personal injury is serious, the Fund will compensate also the damage with a deductible of € 500.00;
- An uninsured vehicle: in this case are compensated is the damage, with a deductible of € 500.00, that personal injury;
- A vehicle insured with companies put into compulsory liquidation, in which case both are compensated for damage to the personal injury;
- A vehicle placed in circulation against the will of the owner in this case are compensated for personal injury and property suffered by third parties transported or persons transported against their will or the persons who are unaware of the illegal circulation of the vehicle .
The Fund pays compensation for damage in two other cases, namely:
accidents caused by vehicles sent to the territory of the Italian Republic by another State of the European Economic Area (EU countries + Iceland, Norway and Lichtenstein) occurred in the period from the date of acceptance of the delivery vehicle and the deadline 30 days: in this case both are compensated for damage to the personal injury; accidents caused by foreign vehicles with non-corresponding plate or no longer corresponds to the vehicle: in this case are to be compensated for damage to the injury.
What are the limits laid down?
Assistance from the Fund is limited to the maximum of the law in force at the time of the accident; specifically: 11 June 2012: EUR 5,000,000.00 for damage to person per claim; EUR 1,000,000.00 for property damage per accident before 11 December 2009: EUR 2,500,000.00 for damage to person per claim; € 500,000.00 for property damage per accident).
What are the procedures for applying for compensation?
To claim compensation for accidents with uninsured vehicle you must fill out the online claim form, print two copies duly signed and send it by registered mail (with attachments) to the company transferee and competent (without attachments) to Consap.
The claim must be specified:
the place and time in which the accident occurred; the incident; the personal details of the applicant; the personal data of the driver and the owner of the vehicle (in case the applicant is not the owner of the vehicle); the identification data of the vehicles involved (license plate, make, model) involved in the accident; if the vehicle is not identified tortfeasor must be specified in the application; if the vehicle is not covered by damaging RC car is specified in the application; the name of the insurance company in the midst of the injured with whom he signed the bill; if there have been any law enforcement should be reported their extremes.
In addition to damage to property in case you need to specify the extent of the damage (including a copy of the invoice or quote for repairs if these have already been made) and the place, days and hours during which the vehicle and damaged items are available in order to undergo examination; if instead of physical injury should be specified the extent of the injuries (including a copy of the report of the expert opinion of the medical examiner) and the medical certificate that shows the successful healing.
The company Cattolica Assicurazioni - Cooperative uses, for carrying out of court activities of assessment and payment of damages charged to the Guarantee Fund, the company's services: Catholic Services consortium company with registered office in Verona, Via Carlo Ederle, 45.
The Guarantee Fund for the victims of the road provides compensation covering both pecuniary damage (to property damaged) and those to the person. After the liquidated damage, the Fund recovers what was paid directly by the tortfeasor.
What are the deadlines to apply for compensation to the Fund?
In case of accidents with injury to persons and property, compensation for damage to the Guarantee Fund of road deaths is prescribed usually in two years. It is therefore necessary to submit the claim by that date from the day in which the accident occurred. In case of accidents with death the right to compensation for damages shall expire in 10 years. The claim must therefore be submitted later than that date from the day in which the event occurred. Within 60 days of receipt of the documentation (180 days in the case of vehicle insured with a company placed the compulsory liquidation) designated the Company is obliged to formalize the injured party an offer of compensation, or inform the injured person the reasons for which He believes not having to make any offers. If the documentation is incomplete, the Company must report it to the applicant, within 30 days, for the applicant to perfect the request.
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