Anyone who drives a vehicle can get into an accident at any time. This is why insurance is compulsory for motor vehicles in Germany. Without proof of valid insurance, a vehicle cannot even be registered. But what happens if there is no insurance cover? The account was not covered, the application went wrong, the eVB was wrong, someone cancelled... In this guide article, we explain what happens if you drive a vehicle without insurance cover or even get into an accident with it.
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- All motor vehicles must be legally insured against third party liability in Germany. This is compulsory and not optional insurance.
- If you drive a motor vehicle on public roads without motor vehicle liability insurance, you are committing a criminal offence and risk fines or imprisonment.
- In the event of a road accident, the person responsible is generally liable - even if the vehicle is uninsured.
- The vehicle owner can also be held liable if they allow other people to drive their vehicle without insurance cover.
Is motor third party liability insurance really compulsory?
In Germany, it is mandatory for you as a driver to have valid motor vehicle liability insurance for your vehicle. This obligation is regulated in the so-called "Law on Compulsory Insurance for Motor Vehicle Owners" - in short: "Compulsory Insurance Law". This means that you must insure your car with an insurer of your choice and pay an insurance premium. You are then financially protected in the event of a road accident with the agreed sum insured.
This means that your motor vehicle liability insurance pays for damage caused to other road users by your behaviour. This protects you from high claims that you would otherwise have to pay privately. This is because high sums can quickly become due for personal injury and property damage.
With motor vehicle liability insurance, you transfer this payment obligation to the insurance company and protect your private assets. At the same time, the compulsory insurance law ensures that you are covered as an accident victim. This is because if the person responsible for the accident is privately liable, there is always the risk that they do not have any significant assets and cannot pay for your damages. Here too, the insurance ensures that you are not left with the costs.
Driving without insurance cover on public roads, streets and squares is a criminal offence. Not only the driver, but also the owner is generally liable to prosecution.
Driving without insurance cover - Penalty
Despite the obligation to have motor vehicle liability insurance, it can happen that the car is not insured. In this case, driving without insurance cover can result in penalties. Below we have listed a few typical situations that can lead to loss or incorrect insurance cover when driving a motor vehicle. A violation of the Compulsory Insurance Act can occur, for example, if:
- the insurance provider is changed (e.g. after cancellation of the old insurance, although the new insurance is not yet active)
- no insurance has yet been taken out for the motor vehicle
- the vehicle has an unregistered or foreign licence plate number
- the insurance premiums have not been paid
- the vehicle's general operating licence has been withdrawn
- the main inspection has expired
If at least one of these points applies to you, then you may under no circumstances
- drive on public roads, streets or car parks
- Let family members or friends drive your car
- Repark your car
Even if you only drive a few metres in your car, you are liable to prosecution for driving without insurance cover. The compulsory insurance law also applies to all motorbikes and mopeds. Motorbikes, scooters and mopeds may not be driven on public roads, streets and squares without insurance cover. The same penalties apply as for driving a car without insurance.
If you want to register a new motor vehicle, you must already have insurance cover. Otherwise you will not be granted a licence. To do this, insurance companies usually issue a so-called eVB number off. With this seven-digit code, you can usually register your car with the registration authority immediately after taking out motor vehicle liability insurance.
What happens if I drive without insurance cover and have an accident?
Road accidents are, by their very nature, part and parcel of road traffic. The damage resulting from an accident is divided into property damage, financial loss and personal injury. While classic property damage - for example, a dent in the bodywork - can seem relatively straightforward and trivial, the immense importance of solid financial backing becomes clear when it comes to personal injury, i.e. injury to life or limb. Compensation for pain and suffering, treatment costs and loss of earnings can very quickly reach high sums. If there is no insurance cover, the injured party is left with nothing and the perpetrator faces personal insolvency.
Road users who drive without insurance cover are always negligent - and run the risk of having to shoulder unaffordably high compensation payments in the worst-case scenario. This is because the person responsible for the accident is rightly asked to pay. This form of liability is called fault-based liability. Whoever is at fault for the accident must also pay for the resulting costs. In addition to any offences or criminal offences committed in the accident itself, drivers are also liable to prosecution for driving without insurance cover.
This also applies if the car is not insured but is registered. For example, if the insurance is cancelled after registration or otherwise ends. Of course, you are also not allowed to drive a deregistered car. Driving without a licence plate is even more prohibited.
Good to knowIf it is not the vehicle owner but a family member or another person who is driving, the vehicle owner may be asked to pay. In this case, so-called strict liability applies if the owner knowingly allows another person to drive the car without insurance cover.
Attention: All it takes to be caught driving without insurance is a speed camera or a traffic check.
If you have been involved in a traffic accident through no fault of your own and the other party in the accident does not have insurance, contact fairforce.one directly, as you will need to settle your claim via special non-profit aid organisations such as Verkehrsopferhilfe e.V. (Traffic Victim Aid). We will advise you on your options and help you enforce your rights.
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Penalties for driving without insurance
Driving without insurance is a criminal offence. It can therefore be punished with a fine or prison sentence. Section 6 of the Compulsory Insurance Act stipulates that such an offence can result in up to six months imprisonment or a fine of up to 180 daily rates. In addition to being a criminal offence, driving without insurance represents a not inconsiderable private risk of immense financial losses, which can lead to private insolvency.
Attention: You are considered to have a criminal record from 90 daily rates and will receive an entry in your criminal record. You may also be banned from driving and receive up to six points in the traffic register in Flensburg. If you are both the driver and the vehicle owner, you may also be disqualified from driving.
For example, novice drivers who drive their parents' car without insurance cover must expect to have their probationary period extended and may have to attend an advanced training seminar.
If you drive your car without insurance cover, you are liable to prosecution even if you are not aware of your misconduct.
Steps towards fair claims settlement
Have you been involved in an accident through no fault of your own and the person who caused the accident has no insurance? Then it's best to report it quickly to fairforce.one. The secure procedure at a glance:
- You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster Rate this post now:[0/5 from 0 Reviews]
