Yes. If the person who caused the damage was driving without insurance, the compensation does not disappear: the Guarantee Fund for Road Accident Victims, required by law specifically for these cases. The application is not submitted to the Fund, but to the insurance company designated for the region where the accident occurred—if the accident occurred in Rome, the one responsible for Lazio. Below, you'll find what is covered, what changes for damage to the vehicle, and what to do in the first few hours, which is the part that most impacts the outcome.

What happens if the person responsible doesn't have insurance?

In Italy, every motor vehicle circulating on the road must be covered by a Third Party Liability (RCA) policy. Despite this requirement, uncovered vehicles continue to circulate, and the same protection mechanism applies when the perpetrator disappears and remains unidentified. In both cases, the victim is not left without protection: the Guarantee Fund steps in.

What the Fund covers, and what changes for vehicle damage

For personal injury, coverage follows the standard settlement criteria, based on the injuries and consequences sustained. For property damage, however, the rules have some specifics: the Fund's intervention methods may vary depending on the specific circumstances of the accident and the type of vehicle involved. This is why each case must be analyzed item by item, verifying the damages that can actually be claimed.

What to do immediately after the accident

When it turns out that the responsible vehicle may be uninsured, the quality of the evidence collected becomes crucial. Specifically:

• photograph the vehicles involved and their final position;
• acquire the driver and owner data, which may not coincide;
• collect contact details of any witnesses;
• request the intervention of the police;
• Keep all medical records in case of injury.

A report and two witnesses have more impact on the outcome of the case than any legal argument raised later.

A concrete case

In accidents involving a pedestrian being hit or with disputed dynamics, the reconstruction of the facts is everything. We followed the Full compensation for damages to the heirs of a pedestrian hit on a crosswalk and a case of head trauma in a motorcycle-car collisionIn both cases, the outcome depended on the documentation collected in the first few weeks. For a complete overview of how we handle this matter, please visit the page Compensation for damages from road accidents and injuries.