How do the punishment and compensation for uninsured motorist injury work?

Hello. This is an attorney specializing in traffic accidents at Daeryun Law LLC.

An uninsured motorist injury accident is a case where the perpetrator injures a person while driving without insurance, and both criminal liability and liability for damages are at issue.

First, if the victim suffered bodily injury, the perpetrator may be subject to imprisonment without labor for up to five years or a fine of up to 20 million won under Article 268 of the Criminal Act (occupational negligence causing injury), and where they are not covered by comprehensive insurance, the application of the special provision on the institution of prosecution 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 Guarantee of Automobile Accident Compensation Act, and may be punishable by imprisonment for up to one year or a fine of up to 10 million won.

In particular, in an uninsured state, even if a settlement with the victim is reached, the special provision exempting from punishment under the Act on Special Cases concerning the Settlement of Traffic Accidents is structurally difficult to apply, so responding to the criminal procedure can become even more important.

The compensation aspect does not end with 'since the driver is uninsured, you cannot receive compensation for the injury.'

The victim can claim damages directly from the perpetrator, and if the victim's own or a family member's vehicle has an uninsured motorist injury coverage rider, they may also be able to recover some losses, such as medical expenses and lost income during recovery, through that insurance.

However, because recovery may be difficult depending on the perpetrator's financial situation, it is important to secure evidence and pursue legal procedures in parallel from the beginning.

Because uninsured motorist injury cases often proceed with criminal and civil procedures at the same time, a strategy tailored to the circumstances of the accident and the degree of harm is necessary.

We recommend that you respond wisely with the assistance of an attorney specializing in traffic accidents.

Daeryun, the ninth-ranked law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), provides tailored legal services.