What do I do if the driver at fault has no insurance?
You can claim from the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, which pays for the personal injury and damage to property caused by an uninsured vehicle normally based in Spain, as an insurer would. The Consorcio cannot require you to prove first that the person at fault cannot pay. It then recovers what it has paid from the driver and the owner. You can also claim directly against the driver and the owner of an uninsured car, who are liable together unless the car had been stolen.
Alburquerque Abogados
José Manuel AlburquerqueHow to claim from the Consorcio
- In writing or on its website, with the police report or the accident report form, the details of the vehicle and the driver, the medical reports and the invoices or estimates.
- The Consorcio must reply as an insurer would, with a reasoned offer, the “oferta motivada”, or a reasoned reply within three months.
- If it takes longer than three months from the claim, it owes late-payment interest.
- It pays up to the limits of compulsory insurance, with no excess when the vehicle has been identified.
- You have one year to claim, including in Catalonia. The claim interrupts the time limit and, when the Consorcio replies with a reasoned offer or reply, another year starts to run.
What you should do
- Call the police so that it is recorded that the other vehicle was uninsured. A copy of the police report is free for injured parties.
- Note down the registration number, the make, the model and the details of the driver and of the witnesses.
- Notify your insurer of the claim within seven days. If your policy includes damage claims cover, the insurer will take care of claiming from the Consorcio. If you have fully comprehensive cover, you can be paid for the damage to your car sooner by your own insurer, which will then claim it back from the Consorcio.
One exception
If you were a passenger in the uninsured car and knew it had no insurance, the Consorcio does not compensate you, but it is the Consorcio that has to prove that you knew. The same applies if you knew the car was stolen.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.