We all know that it is mandatory to have insurance so that a vehicle can legally circulate on public roads. But the laws are not always followed. This causes that there is no company that is responsiblein its capacity as guarantor, for payment of damages in the event of an accident.
This also occurs when there is an insurance company but it does not cover the damages from the collision because elements were given that justify an exclusion of coverage for its insured.
In these situations, in which insurance has not been contracted or the insurer does not provide coverage against a road accident, the question of who pays the damageswhether materials in the intervening vehicles or the injured people.
To answer this question, the first thing we must know is who is responsible for the accident and once this is determined, all damages caused by their actions can be claimed against them.
This is a general principle of responsibility but you have to look at the particularities of the participants. For example, if the vehicle that was hit has comprehensive coverage with a deductible, your insurer will cover the repair if it exceeds its value.
Who pays?
This means that if the vehicle has a repair amount of $2,000,000 and the deductible is $800,000, the owner must pay the $800,000 and above that amount is paid by his insurance company until reaching $2,000,000. . In this case, the $800,000 paid as excess can be claimed from the person responsible for the incident or from their insurer, if there is coverage.
In most cases, all or part of it will have to be claimed from the owner of the vehicle that caused the damage to the cars or to the people or their belongings. If there is an insurance company, it acts as a guarantor. But since we are analyzing the situation of the lack of coverage due to non-existence or exclusion, we will see what needs to be done in these cases.
The most important thing occurs at the time of the accident. It’s fundamental obtain the data of all the participants and all their documentation. The suggestion for these cases is to take photos with your phone to avoid any errors when copying the numbers and names.
The most relevant documentation is the driver’s ID, driver’s license and vehicle identification card. And also photos of the place, the vehicles and their license plates to be able to demonstrate our story of what happened.
In cases where you have an insurance company, it will be the one who responds as guarantor. But if we find ourselves facing an exclusion from coverage or not having it contracted directly, as we saw, It will be the owner who must pay all damages that have been caused to vehicles and people.
Therefore, whether or not there is coverage from an insurance company, all damages and losses can be claimed either from the owner or from his insurer in his capacity as guarantor.
It is made clear that the specific case must always be evaluated and this note does not imply advice on the specific situation but rather general guidelines.
