How do I get compensated if the offender has no insurance?

What the Law Says

South Korean law mandates automatic coverage under the Automobile Accident Compensation Insurance (AACI) system for all motor vehicle accidents—even when the at-fault driver is uninsured. This public compensation scheme ensures victims receive minimum guaranteed payments regardless of the offender’s insurance status or financial capacity.

The Automobile Management Act requires every registered motor vehicle to carry mandatory AACI coverage. However, even if the offender fails to comply (i.e., drives without insurance), the victim is still entitled to benefits under the AACI system administered by the Korea Automobile Accident Compensation Insurance Corporation (KACIC).

AACI provides automatic, no-fault compensation for death, injury, and disability resulting from automobile accidents. It covers medical expenses, lost wages, disability allowances, and funeral costs—up to statutory limits—and does not require proof of the offender’s liability or solvency.

Victims must report the accident to KACIC within 7 days to preserve AACI rights. Civil claims against the offender remain available separately but are subject to a 3-year statute of limitations from the date the victim knew (or should have known) of the damage and perpetrator.

Statutory Text

In the case where an automobile accident occurs and the person responsible for the accident does not have automobile accident compensation insurance, the victim may receive compensation from the Automobile Accident Compensation Insurance Corporation pursuant to Article 5-2.

— Automobile Management Act, s. 5-2 — Compensation for Uninsured Accidents

Statutory Text

The Automobile Accident Compensation Insurance shall cover damages arising from bodily injury or death caused by automobile use, including medical expenses, loss of earnings, disability compensation, and funeral expenses, up to the limits prescribed by Presidential Decree.

— Automobile Accident Compensation Insurance Act, s. 4 — Scope of Coverage

Statutory Text

The right to claim compensation under this Act shall be extinguished after three years from the day on which the injured party becomes aware of the damage and the identity of the perpetrator.

— Civil Act, s. 766 — Limitation Period for Tort Claims

What to Do

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