When the coverage of the motor liability insurance policy does not apply in the event of a road accident and the motorist is forced to pay for the repair of the car himself.
There are some cases in which motor liability insurance does not compensate for the damage resulting from a road accident. The main cases in which the insurance “does not operate” are those of: 1) car left without insurance coverage from the 16th day onwards of the expiry of the contract; 2) of an accident between relatives.
In other cases, however, the insurance compensates, but then rivals its insured customer for the violation, by the latter, of certain rules imposed by law and the highway code. In this short guide we will identify the main cases in which the insurance does not pay the compensation and those in which it pays, but then rivals, starting with the first.
Road accident between relatives: does the insurance pay compensation?
If a road accident occurs between relatives up to the third degree, the insurance does not compensate for damage to property, but only those to people. An example will make us better understand how things stand.
Car collision between husband and wife or between parents and children with damage to cars: if the cars of two relatives linked by a kinship up to the third degree collide (brothers and sisters, grandparents and grandchildren, parents and children, aunt and niece) or those of the two spouses (provided they are not separated) or cohabitants, the insurance does not compensate for the damage suffered by the cars, even if the two drivers agree on the relative responsibilities. Signing the friendly finding form doesn’t change that. This means that a trivial collision between son and father will not lead to compensation for damages by the insurance companies.
In any case, this rule only operates if the relatives are cohabiting or “dependent”. If, on the other hand, the relatives are not living together, the insurance is required to indemnify.
If the spouses have already separated, the insurance is required to compensate.
Car collision between husband and wife or between parents and children with personal injury: if, in addition to the damage to the car, the relatives also report physical injuries, these are compensated by the insurance.
Therefore, summarizing what has just been said, in the case of a car crash between cohabiting relatives up to the third degree, the insurance only compensates for physical damage and not for those to the car.
Road accident and damage to relatives passengers: if the relatives are transported in the driver’s car, the physical damage reported by them as a result of the road accident are compensated by the insurance.
Road accident with the company car
The insurance does not compensate for damage to cars when the accident occurs between a company car and that of one of the responsible partners.
If I am the driver and I am responsible, does the insurance pay me for the physical damage?
The insurance does not have to pay damages to the driver responsible for the road accident. This applies to both car and physical damage. In other words, those who cause a road accident must have the vehicle repaired with their own money, nor do they obtain any compensation for the injuries sustained and the days in hospital.
If the insurance has expired, can you ask for compensation for the damage?
The insurance “operates” (and, therefore, is required to pay compensation for damage as a result of a road accident) only in the first 15 days following the expiry of the contract. This coverage also applies if the policy is no longer renewed.
From the 16th day onwards the car is no longer “covered”; therefore, if after the 16th day the motorist has an accident due to his responsibility, the injured party must request compensation for the damage from the Guarantee Fund. If, on the other hand, the uninsured driver is not responsible for the accident, because the violation was committed by the other driver, the first is compensated despite the expiry of the policy (this is, at least, the prevailing orientation of the case law).
If the uninsured driver pays the premium after the 16th day, the insurance returns to cover accidents but only after midnight on the day of payment.
If the driver did not have seat belts
Another hypothesis in which the insurance can deny the compensation, or reduce it in relation to the relative liability, is when the driver, although not responsible for the road accident, did not have seat belts. In this case, it will be necessary to make an assessment and answer the following question: to what extent could the use of seat belts have prevented damage to the driver or passengers (who are also required to fasten their seat belts, even if seated in the back seat)? If the damage could have been avoided completely, the insurance company can deny compensation; if the damage could be at least limited, the compensation is reduced proportionally.