One of the very common cases of traffic accidents is when the driver, for any reason, does not hold a driving license. This is a serious violation that leads to both administrative and criminal penalties.
Regarding the civil claims arising in case the driver at fault is unlicensed, their insurance company will fully compensate anyone harmed as a result of the traffic accident, provided, of course, that the vehicle is insured. The amount paid by the insurance company to the third party injured can then be sought regressively from the driver or the vehicle owner. Therefore, the driver’s liability in this case is unlimited.
In such cases, the law also provides for the liability of the vehicle owner. This liability is objective, regardless of whether they were the driver or holder of the vehicle at the time of the accident. As explicitly provided by Article 4 of Law GPN/1911: “For any damage caused by the motor vehicle during its operation to third parties, the driver and the holder according to Article 2 are liable for compensation; if the owner in this case is someone else, or the holder is liable only up to the value of the vehicle which they have granted to the injured party and may, at the discretion of the court, be exempted from any further compensation…” The owner’s liability is quantitatively limited to the value of the damaging vehicle before the traffic accident occurred. This type of limitation is raised as a defense by the vehicle owner who is not, at the given moment, the holder or driver.
The concept of the holder is particularly important for limiting or not the owner’s liability. A key factor is the exploitation of the vehicle (e.g., usufructuary), receiving financial benefit from it, or using it under a contract with the owner, such as leasing.
At the same time, the duration for which the use of the vehicle was granted plays a crucial role. Indefinite or long-term granting leads to the owner’s withdrawal from possession, while short-term or goodwill-based delivery does not.
On the other hand, besides the civil implications of the issue, administrative and criminal consequences also arise. Specifically, regarding administrative sanctions:
In case of an accident under these circumstances, the responsible driver is placed in a quite disadvantageous position as they will be punished with an administrative fine of two hundred euros (€200), as is the case for a driver without a license. This amount is expected to increase soon, as measures for road safety will be tightened aiming for safer driving.
Similarly, causing an accident with a driver at fault who does not hold a license can lead to imprisonment for up to 12 months, according to Law 4663/2020.
