Hungarian drivers no longer have to carry their driving license with them from 2023
Under the new legislation, coming into force at the beginning of next year, Hungarian drivers will no longer be required to carry their driving license and registration certificate with them at all times - as long as they are valid and registered in the relevant Hungarian registers. The police can check these latter conditions electronically on the spot, if necessary. But what happens if a person is involved in a road traffic accident that does not require police action?
The question may arise in cases where there is no personal injury (as in that case, it is mandatory to call the police) and the persons concerned do not consider it necessary to notify the police. It is good to know that the current amendment does not change the legal provision that the parties involved in an accident must provide each other with the information necessary to identify the person, the vehicle and the insurance contract at the scene. The registration number of the vehicle involved in the accident (and possibly in some cases the chassis number) is typically sufficient for the compensation procedure, as it allows the identification of both the vehicle and the insurer of the person who operates it. (It is true that, in the experience of insurers, insurance cover for newly purchased second-hand vehicles does not always appear immediately in the registration systems.) It is also worth pointing out that, although it is not a prerequisite for filing a claim and receiving compensation, it is not essential that the drivers involved in the accident provide proof of their driving license at the scene of the accident.
However, the possible absence or invalidity of the document may result in the insurer's counterclaim (i.e. the recovery of the amount of compensation paid).
A valid driving license is also a condition for compensation in the vast majority of casco insurance policies. Insurers therefore point out that if, in the event of an accident, the claimant or the injured party is still unable to provide the necessary information, the parties can decide whether to call the police to ensure that the information is correct. In this way, the claims settlement procedure will not be unduly delayed.
The law also requires the parties to provide information about the relevant circumstances of the accident, which will help establish the process leading up to the accident. In the view of the authority, the failure of a party to declare liability does not in itself justify notifying the police. Indeed, the parties to the accident may even be able to establish a different (in their own opinion) version of the facts in the claim. Insurers, however, add that a declaration by the parties may facilitate a quicker insurance settlement. Experience has shown that in many cases the parties to the accident do declare liability, and insurers' individual claim forms usually include a specific question on liability.
The increasingly popular free online application from insurers, the E-reporting tool, which also helps record the necessary information and circumstances, also includes an integral part of the liability declaration. Here it is also possible to record shared liability, with the option of "Both drivers liable" or "No agreement on liability". In the E-claim form, it is sufficient to enter the date of birth and the registration number of the vehicle of the person who made the claim and the tax number and registration number of the vehicle of the person who made the claim. The vehicle and insurance details are then automatically filled in the application. (The app automatically fills in the field after the typing of the address starts.) The app guides the user through the claim process, allowing photos and video to be taken and sent to the insurer from the scene. It can even handle situations where one of the parties involved in the accident is contracted to a foreign insurer or does not have valid insurance.It is then up to the insurer to determine the liability for the accident (the damage), based on the information obtained as a result of the compensation procedure and the conclusions that can be drawn from it. The injured party must notify the insurer of the accident within 30 days of the date on which it occurred or became known. This is done automatically if the E-Notification is used.
In cases where notification of the police is not mandatory (i.e. no personal injury or death), but an interested party wishes to take police action as a result of the accident and notifies the police immediately, the drivers of the vehicles involved in the accident must wait for the police to take action.
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