If I have an accident with an expired driving licence, does my insurance cover me?

Question

José Manuel Alburquerque · Accepted Answer

For third parties, yes, always. What is in doubt is whether the insurer can then claim back from you what it has paid or refuse to pay for your own damage. The law only allows it to claim back, if the contract provides for this, when the driver has no licence, which does not seem to be the same as having an expired one, because you passed the tests and are still the licence holder. The courts have not settled the point, but the letter of the law is on your side. Driving with an expired licence is an administrative offence, not a crime. What the law says The insurer pays the victims and cannot use any clause about the driving licence against them. It can only claim back from you what it has paid if the contract provides for this in the event that the person driving has no licence. The Spanish Criminal Code (“Código Penal”) punishes driving without ever having obtained a licence, after losing all the points on it or after a court has withdrawn it. An expired licence is not one of those cases. What the policy says Check whether it excludes or penalises driving without a licence and whether it expressly mentions an expired licence. Also look at whether it requires the licence to be in force, because that would catch an expired one. If the clause does not mention it, any doubt is interpreted against the insurer that drafted it. And if it restricts your rights and is not highlighted and signed separately, it cannot be applied to you. And the fine Driving with an expired licence is punished with a fine of 200 euros, which is halved if paid promptly, with no loss of points. Renew it as soon as possible.