How are punishment and compensation handled for uninsured motorist injury?

Hello. This is the traffic accident specialist attorney at Daeryun LLC.

An uninsured motorist injury accident occurs when an uninsured perpetrator injures a person while driving, raising both criminal liability and damages liability.

First, if the victim suffers injury, under Article 268 of the Criminal Act (occupational negligence causing injury), the perpetrator may face up to 5 years of imprisonment without labor or a fine of up to 20 million won, and if not enrolled in comprehensive insurance, the special exception for indictment under the Act on Special Cases concerning the Settlement of Traffic Accidents may be limited.

In addition, the act of operating a vehicle without insurance itself constitutes a violation of the Automobile Damage Compensation Guarantee Act and may result in up to 1 year of imprisonment or a fine of up to 10 million won.

In particular, in an uninsured state, even if a settlement is reached with the victim, it is structurally difficult to apply the punishment exemption special exception under the Act on Special Cases concerning the Settlement of Traffic Accidents, so responding to criminal proceedings becomes even more important.

The compensation aspect does not end with "no compensation can be received because there is no insurance."

The victim can directly claim damages from the perpetrator, and if the victim or their family's vehicle has an uninsured motorist injury coverage rider, some damages such as medical expenses and loss of income can be compensated through that insurance.

However, recovery may be difficult depending on the perpetrator's economic situation, so it is important to secure evidence and legal procedures from the beginning.

In uninsured motorist injury cases, criminal and civil proceedings often proceed simultaneously, so a strategy tailored to the circumstances of the accident and the extent of damage is needed.

Please receive the assistance of a traffic accident specialist attorney right now and respond wisely.

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