The sanctions of the lack of insurance

Without insurance traffic aboard a motor vehicle is a crime. What are the risks and sanctions incurred by the offender?


The sanctions of the lack of insurance

The law imposes an obligation of insurance for motor vehicles. And this in order to cover the risks vis-à-vis third parties. In case of driving without insurance, you may be sanctioned penalty and civilly (Article L.324-2 of the Highway Code).

The penal sanction

If you ride without insurance you encourage, on a main basis, a fine of 3,750 euros. Complementary penalties can be pronounced as an accessory:

        working pain of general interest (Article 131-8 of the Penal Code);
        day-fine sentence (Articles 131-5 and 131-25 of the Penal Code);
        suspension, for a duration of three years at most, the driver's license;
        Cancellation of the driving license with prohibition to solicit the issuance of a new permit for three years at most;
        Prohibition of driving certain motor vehicles, including those for the conduct of which the driver's license is not required for a period of at most five years;
        Obligation to carry out, at its expense, a road safety awareness internship;
        Confiscation of the vehicle whose convicted person was used to commit the offense, if the owner is.

In addition, the immobilization of the vehicle can be prescribed.

Public action may be extinguished by the payment of a fixed fine amount of 500 euros. The amount of the minor lump sum is 400 euros and the amount increased by 1,000 euros. But beware, this lump sum fine does not apply in case of recurrence.

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Civil sanction

In the event of a responsible accident causing bodily injury and material to a third party (passenger, pedestrian, cyclist or other motorist), the lack of coverage of the driver's liability allows him to bear the consequences of the injuries inflicted on the third party.

The Mandatory Insurance Guarantee Fund (FGFO) intervenes to compensate victims (in case of disability or death, work stoppage, etc.), but exercises an appeal against the driver to recover the amounts paid to the victim, increased 10%.

>> To read also - Effects of the license suspension on auto insurance

Depending on the severity of the injuries suffered and the duration of the incapacity for work, the amounts of the manager can be considerable. In addition to the amount claimed by the FGAO, it must also face the recourse presented by social security and other insurance and mutual insurance agencies that have compensated the costs of care and incapacity for the work of victims. This is how the uninsured manager may have to pay his life. If the author is faulty, the legal execution procedures can be implemented if necessary.

Reminder: In the event of an accident not involving the responsibility of a third party, the driver does not benefit from the "driver" guarantee will not receive any compensation for his potential bodily injury.

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Detection of insurance defect: the insured vehicle file

In the face of increasing accidents caused by uninsured vehicles, the public authorities have set up a national file of insured vehicles. Came into force on 4 June 2019, it imposes on each insurer to list each year the vehicles it guarantees.

This file will allow the police to know if the controlled vehicle is the subject of a contract. And more generally, by rapprochement with the gray card file, to list the uninsured vehicles.

In addition, new multifunction radars will allow reading of the insurance certificate affixed to the windshield and verbalization of uninsured vehicles.