What to do in case of an accident with an uninsured third party?
The law is clear, no one can miss out on auto insurance. Driving uninsured can have serious consequences.
What is the Motor Accident Guarantee Fund?
The Guarantee Fund is a kind of “kitty” created in 195. It is fed by the contributions of insurance companies, motorists and by those responsible for offenses, as mentioned in article L421-4 of the Insurance Code. Its role is to compensate the victims within the limit of 1 120 000 million euros (in France and Dom-Tom) when no insurance can do it, that is to say:
- When the manager is not insured or unknown;
- When the insurer of the person in charge refuses his guarantee or is insolvent;
- In case of a non-automobile accident (if it occurs on places open to traffic, and if it is caused by a person traveling “on the ground”), and if the author is not insured because not obliged to be (rider, pedestrians, cyclists, skiers …);
- In the event of an accident caused by an animal belonging to an uninsured person;
- In case of accident of hunting and accidents caused by a pest.
Obviously, it must be an accident and not an intentional act.
How to seize the Automobile Guarantee Fund?
The procedure for seizing the Guarantee Fund varies according to:
- The nature of the injury (bodily, material or both)
- The author of the accident (if known or not)
An accident with bodily injury
The author has fled and remains unknown
In this case, you have a period of 3 years from the day of the accident. The Fund has 8 months to make a compensation proposal. If you do not agree with the amount proposed, you can assign the Guarantee Fund to the Court of First Instance or the High Court, depending on the amount involved.
The author is identified but not insured
In this case, you must take legal action against the person responsible for the accident within 5 years of the accident. If you find an agreement with the manager, the guarantee fund will have to approve it.
The manager is insured but the insurance does not want to intervene
In the event that the person in charge of the accident is faced with the nullity of his insurance contract, or if the insurer has suspended his guarantees for non-payment, it is for this insurer to inform the Guarantee Fund… In this case, two solutions are possible:
- The guarantee fund agrees with the insurer’s decision and makes a compensation proposal;
- The victim will have to take the person responsible for the accident to court.
Accident without bodily injury
The Fund indemnifies the damage unless the person in charge is unknown. In this case, you will not be able to enter the Guarantee Fund.
Contact the Automobile Guarantee Fund
Who seizes the Automobile Guarantee Fund?
It is up to the victim to seize the Guarantee Fund. If the latter has died, it is his heirs who may decide to seize it. If you have legal protection, your insurer will take care of preventing the Guarantee Fund.