Road accident: who pays and how to report it
Compulsory third-party liability insurance
Every motor vehicle driven in Switzerland must be covered by third-party liability insurance (art. 63 LCR), which compensates third parties harmed by that vehicle, regardless of the personal solvency of the responsible keeper or driver.
The keeper's liability
Art. 58 LCR establishes strict liability for the vehicle's keeper for damage caused by its use, regardless of any fault on their part. The keeper can only be released from liability by proving that the accident was caused by force majeure, gross fault of the injured party or a third party, without any fault on their part and without any defect in the vehicle.
Reporting the claim
After an accident, the facts should be recorded (exchange of contact details, a friendly accident report, or police involvement depending on severity), then the claim should be reported without delay to your own insurer, who forwards the file to the responsible vehicle's liability insurer once it has been identified.
Accidents with an unidentified or uninsured vehicle
When the responsible vehicle cannot be identified, or was not insured, the National Guarantee Fund (art. 76 ICA) covers compensation for the injured party within the limits set by law, to prevent the victim from being left without recourse.
Frequently asked questions
Who pays for damage in a road accident?
In principle the liability insurer of the vehicle found responsible for the accident, based on the keeper's strict liability under art. 58 LCR.
What should I do if the person responsible for the accident flees?
You should notify the police and report the claim to your own insurer. If the responsible vehicle remains unidentified, the National Guarantee Fund can compensate the injured party within the legal limits.
Do I always have to call the police after an accident?
This is not systematically mandatory for a minor collision without injuries, but it is strongly recommended as soon as there is disagreement over responsibility, injuries, or significant damage.
Can the keeper escape liability?
Only by proving that the accident resulted from force majeure, gross fault of the injured party or a third party, without any fault on their part and without any defect in the vehicle (art. 59 LCR).