How the EU Motor Insurance Directives work
Discover everything related to claims within the EEA
In what circumstances can a claim be made under the EU Motor Insurance Directives?
The EU Motor Insurance Directives system applies when a resident of the European Economic Area is injured in an accident in a country other than their country of residence and the party at fault is a vehicle registered and insured in another country different from the victim’s country of residence.
In short, the system applies when:
The victim
Is resident in an EEA country
The liable vehicle
Is resident in an EEA country (different from that of the injured party)
Country of accident
Any country within the EEA, as long as it is different from the injured party's country of residence.
FAQ about the EU Motor Insurance Directives
How are these claims handled?
To make the EU Motor Insurance Directives System effective, all insurers are required to appoint a representative in each Member State able to handle, respond to and settle this type of claim. It is to that representative (or directly to the insurer) that the claim must be addressed.
In addition, EU law grants the injured party the right of direct legal action against the liable insurer.
How do I find the liable insurer or its representative?
Each Member State has an Information Body through which you can find the details of the liable foreign insurer or of its representative in Spain.
In Spain the Information Body is the Consorcio de Compensación de Seguros.
The Information Bodies of the other EEA countries can also be consulted on that page.
What happens once I have found the representative/insurer?
You must send them your claim, and the insurer or their representative are obliged to give you an offer or a reasoned reply within 3 months. If you do not receive it within that period, you must submit your claim to OFESAUTO so that it can intervene in its capacity as Compensation Body.
What is a Compensation Body?
It is the body in your country of residence which handles your claim in the event that it has not been dealt with by the representative/insurer, or the responsible insurer has not appointed a representative in Spain, or the vehicle at fault is unknown or is an uninsured vehicle
In Spain that body is OFESAUTO.
If the law of the country where the accident occurred applies, and it is different from the law of my country of residence, how can I know whether the compensation offer is fair?
Both the representatives in Spain of foreign entities and our team of claims handlers know the applicable foreign legislation and will inform you about it in detail.
How long can the whole process take?
It basically depends on the legal system of the country where the accident took place.
Can the representative pay me directly in my country of residence?
Yes, you can demand it, and in fact it is the quickest and most convenient way to settle the claim.
What happens if my claim is rejected or I am not satisfied with the proposed solution?
You have the right to take legal action directly against the foreign vehicle and/or its insurer. Legal action must normally be brought in the country where the accident occurred.
The judicial and out-of-court channels cannot be pursued at the same time. If the injured party opts for legal action, the Compensation Body cannot intervene.
What is the temporal scope of application of the Directives System?
Each Member State had different deadlines to implement the 4th Directive into its own legal system, but as a general rule the system came into operation in January 2003 for all the countries that belonged to the EEA at that time.
Therefore, an accident that occurred before that date cannot be handled under this system.
What happens if the vehicle was uninsured or is untraced?
When you receive the certificate from the relevant Information Body confirming this, you must redirect your claim to the competent Compensation Body.
It is very important that this is evidenced by that certificate; otherwise the Compensation Body cannot act.
