Who pays for the damage if you are hit by someone without a driver's license? - AutoReview.nl

The number of people caught for driving without a valid driver's license or false license plates is on the rise. This is evident from an analysis of the General Dutch Press Agency(APP). While 2600 cases were registered 10 years ago, there were already 6400 in the first half of 2023.

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If it continues like this, we are heading for 12,800 offenders this year. In other words, a fivefold increase in ten years. It is not exactly clear what the strong increase is due to. The police have the impression that citizens are generally less willing to comply with the rules.

No driver's license, no insurance?

We are shocked by this, especially because we know that you can in principle only insure your car if you have a valid driver's license. And the more unauthorized road pirates behind the wheel, the greater the risk of a collision with such an uninsured traffic aso. Who will pay for the damage in such a case?

WA insurance compulsory

In the Netherlands, every owner of a moped, motorcycle or car is obliged to insure his vehicle at least WA. The abbreviation WA therefore stands for 'legal liability'. If someone causes damage with a WA insured vehicle, this is covered in most cases. But not always. For example, there is the provision that the insurance does not provide cover if the vehicle is driven by someone without a driver's license.

Uninsured perpetrator pays

Fortunately, this exception only applies to the insured person himself and not to his possible victims. We owe this to Article 11 of the Motor Vehicle Liability Insurance Act. Based on this, the liability insurer of the vehicle that caused the accident is obliged to compensate the damage to third parties. Yes, even if the driver does not have a valid driver's license. The insurer involved will then try to recover the damage from the unauthorized chunk pilot.

Last resort if there is no insurance

Unfortunately, it also often happens that people drive around with an uninsured car. If that causes a collision, it looks less rosy. After all, there is no insurer where you can immediately submit a claim. In such a case you can turn to it Motor Traffic Guarantee Fund. This acts as a safety net for road users who have fallen victim to unknown or uninsured perpetrators. About 80 percent of the claimed damages are compensated by the Guarantee Fund.