In cases of traffic accidents caused by vehicles whose drivers hastily abandon the scene of the accident, leaving the victim without assistance, and in particular in cases where the at-fault vehicle remains unidentified and therefore unknown, with the result that the injured party does not know against whom to bring a claim, the Auxiliary Fund steps into the position of the liable party. The injured driver may bring a claim against the Auxiliary Fund, seeking compensation.
The scope of the Auxiliary Fund’s liability, as compared to that of an insurance company, is more limited, particularly in the following three areas:
- a) Compensation for property damage, which is granted subject to specific conditions.
b) The inability to recover the value of social security benefits already granted or to be granted in the future as a result of the traffic accident.
c) The alignment of the interest rate applicable to compensation amounts payable by the Auxiliary Fund with the interest rate applicable to State debts, namely its limitation to a rate of 6%.
Finally, in order for the injured party to lawfully bring an action against the Auxiliary Fund, they must first mandatorily submit a compensation claim to it, attaching the supporting documents that substantiate their claims. Only in the event of a negative or quasi-negative response (failure to respond beyond a three-month period) may the injured party proceed with the filing of a lawsuit (mandatory pre-litigation procedure). Otherwise, any action brought against the Auxiliary Fund is dismissed as inadmissible due to failure to comply with the required pre-litigation procedure.
