The problem of uninsured vehicles has now taken on the dimensions of a dangerous social phenomenon. Due to the ongoing economic crisis, the number of uninsured vehicles has multiplied. One of the most pressing issues associated with the circulation of uninsured vehicles is the matter of compensating the injured party in a traffic accident when the accident has been caused by the fault of a person driving an uninsured vehicle.
According to the law, all vehicles circulating in Greece must be validly insured against damage caused to third parties during their circulation due to the fault of their driver. If the owner of a vehicle has not insured it, they are at risk of facing administrative and criminal penalties.
Law 489/1976 provides that damage caused by uninsured vehicles is covered by the Auxiliary Fund for Motor Vehicle Accident Liability (the “Auxiliary Fund”). The Auxiliary Fund is a legal entity governed by private law, in which all insurance companies that insure civil liability arising from the circulation of motor vehicles participate on a mandatory basis. By virtue of the law, it bears responsibility to compensate victims of traffic accidents, among other cases, when the accident is caused by an uninsured vehicle.
In cases where a traffic accident is caused by an uninsured vehicle, whether it results solely in property damage, bodily injury, or even death, the injured parties may be compensated for the damage they have suffered by the Auxiliary Fund, provided that they take a series of actions mainly relating to:
- notifying the traffic police immediately after the collision at the scene of the accident, so that the incident is officially recorded, including the fact that the other involved vehicle is uninsured,
- notifying the injured party’s insurance company,
- notifying the Auxiliary Fund by submitting a written claim for compensation, accompanied by documents proving the claim, namely all documents evidencing the damage suffered, whether this concerns mere property damage to the vehicle or bodily injury and physical harm. Submission of this specific claim is deemed by law to be a mandatory prerequisite for the subsequent judicial pursuit of any compensation by the injured party. If such a claim is not submitted, any lawsuit filed by the injured party against the Auxiliary Fund will be rejected.
In practice, the compensation procedure before the Auxiliary Fund is, in most cases, a complex process. The injured party should not be discouraged from judicially pursuing the compensation to which they are entitled if they are involved in a traffic accident with an uninsured vehicle. They should be aware that the compensation they are entitled to will be paid by the Auxiliary Fund, even if there is some delay.
However, the course that must be followed in order for the process to be successful should not be underestimated. It must be handled with proper care, without omissions or errors, so as to secure compensation for any damage suffered as a result of a collision with an uninsured vehicle.
