As you know, since March 14, the state of alarm decree approved by the Government to deal with the coronavirus crisis has been in force. The most significant measure of this Decree is the limitation of the free circulation of citizens on public roads, except for the exceptions contemplated in the regulation itself, What are they:
- Acquisition of food, pharmaceuticals and basic necessities.
- Assistance to health centers, services and establishments.
- Travel to the workplace to carry out your work, professional or business provision.
- Return to the habitual place of residence.
- Assistance and care for the elderly, minors, dependents, people with disabilities or especially vulnerable people.
- Displacement to financial and insurance entities.
- Due to force majeure or a situation of need.
- Any other activity of a similar nature that must be done individually, unless accompanied by people with disabilities or for another justified reason.
What happens if I have an accident with my car during the state of alarm?
With the prohibition of driving on public roads, except in the exceptions contemplated in the Decree, doubts have arisen about the coverage of car insurance. Many have wondered these days what happens if you have an accident with the vehicle and you cannot justify that you were driving on public roads for one of the permitted reasons. Could the insurer interpret that the movement is illegitimate, or even that a prohibited activity was being carried out, and as such not cover the claim? The truth is that insurers include general coverage exclusions in their insurance contracts, such as driving under the influence of alcohol or drugs, or even in situations of riots, strikes, declarations of natural disaster.
Given the uncertainty and confusion that this issue has caused, Unespa - insurance employer - has reported that insurers will act normally and cover claims, both own damage and damage caused to third parties, even if the driver circulates without any justification, since insurers do not have the power to determine whether or not the driver should be confined. However, they make it clear from the sector that this does not mean that the driver can be sanctioned for breaching the confinement ordered in the state of alarm.
Can I pass the ITV of my car during the State of Alarm?
The ITV companies have had to close, so passing the ITV during the state of alarm is impossible. Nevertheless, The State of Alarm Decree regulates the suspension of the expiration of all administrative deadlines, so if the ITV of your car expires soon, you can rest easy. The police will not impose any sanction on you for not having passed the ITV if it expired during the period that the State of Alarm lasts.
If I have an accident with an expired ITV, does the insurer cover it?
Many people and companies have questioned whether insurers can refuse to cover an accident because the car's ITV has expired. At Canarisk we understand that before the suspension of expiration terms, insurers cannot refuse to provide coverage in the event that the ITV has expired during the state of alarm. However, for the peace of mind of our clients, we have consulted several insurers, and the answer is unanimous: the insurers are consistent with the exceptional situation we are going through and will act responsibly and consistently.
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