We have recalled on several occasions that in Spain it is mandatory to insure all motor vehicles with at least civil liability coverage. We have also emphasized that driving without insurance is punishable . But what are the applicable fines and penalties for driving without insurance? Can the traffic agents ask you for your insurance papers if the vehicle is stopped? Who pays the fine, the owner or the driver? You will find the answer to these questions below.
Amount of fine for driving without insurance
The fine for driving without insurance is the administrative sanction that the owner of a vehicle receives if he does not have compulsory insurance or if it is not in order. The amount of this penalty ranges between 601 and 3,500 euros, depending on the type of vehicle and the type of license required to drive it. In addition, it is not necessary for traffic agents to stop you on the road or in the city to ask for your insurance papers. Whether you drive as your car or not, motor vehicle insurance is mandatory . So you are not free from being asked for your documentation and fined.
In addition, the seriousness of the damage caused and, where appropriate, the duration of the lack of insurance and the repetition of the same infraction, are also considered when imposing the fine for driving without insurance.
Driving without insurance is not a crime, but it is mandatory
Driving without insurance is not a crime or offense sanctioned as such by the Criminal Code, as it is, for example, driving without a license, driving under the influence of alcohol or drugs or exceeding the speed limit. This is so precisely because the fact of not having insurance is not in itself a risk to others. But being mandatory, the fact of not having it supposes a fine.
The obligation to insure a vehicle and the prohibition of driving without compulsory insurance is regulated in article 3 of Royal Legislative Decree 8/2004 , of October 29, which approves the consolidated text of the Law on civil liability and insurance in the circulation of motor vehicles.
In this text, in addition to indicating that the person responsible for the fine for driving without insurance will be the owner of the vehicle, it also specifies that the driver of the vehicle will be responsible for the damages caused to other people or vehicles by driving without insurance. mandatory whenever it was his fault , so he will have to answer for his acts both civilly and criminally. In addition, this law establishes that the owner of the vehicle, who does not have to be the driver, will also be liable civilly (not criminally) for the damages caused to other people or vehicles for not having their vehicle with compulsory insurance, except for showing that the vehicle had been stolen.
In addition, the traffic agents can immobilize the vehicle that does not have the compulsory insurance in order. The normal thing is that the car is requisitioned for one or three months, if it is a repeated action. And, as if this were not enough, the owner of the vehicle must bear the expenses originated by that deposit or seal. In addition, in order to proceed with the survey, you must demonstrate that you have the corresponding compulsory insurance and pay the expenses. If the owner does not pay the deposit, the vehicle can be repossessed for up to one year. In addition, you can be prohibited from driving throughout the national territory during that time.
Other articles of interest
- What happens if I have an accident on the road and the ITV of the car has expired
- Situations in which car insurance washes its hands
- Can traffic fines and penalties be insured?
- Can the insurer refuse to cover a claim during the grace month?
- Does the insurance cover an accident if the car has an expired ITV?
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