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How do the Motor Insurance Directives work?

Here you can find the answers about this

When can you invoke the Motor Insurance Directives?

The Motor Insurance Directives are applied when somebody who lives in the European Economic Area (EEA) who is the victim of an accident in a country other than their own and the liable vehicle is insured and registered in a different country of the EEA. In summary, the Directive is applied when:

The victim

is resident in a EEA country

The liable vehicle

is registered and insured in a different EEA country

Country of accident

Any country other than that of the victim

How are these files handled?

In order to make the 4th Directive effective, all the Insurance Companies have to appoint a Representative in each member state, capable of dealing with, handling and settling these type of claims. It is to the aforementioned representative (or directly to the insurer) that the claim should be sent.

In addition, European legislation authorizes the injured the right of direct legal action against the responsible Insurer.

How do I find out who the responsible insurer or its representative is?

Each Member State has an Information Center which can give you the contact details of the foreign insurer or its representative’s contact details in Spain.

In Spain the Information Center is a part of the “Consorcio de Compensacion de Seguros” (CCS). The Information Centers of other EEA countries are also available on that web page.

What happens once I have located 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 three months. In case you do not receive this reply in this period of time, you must submit your claim to OFESAUTO to act in its capacity as Compensation Body.

What is a Compensation Body?

It is the entity you have in your country of residence which receives your claim in the case that it has not been handled by the Representative /Insurer, or in case the liable Insurer has not appointed a representative in Spain, or the liable vehicle is unknown or an uninsured vehicle.

In Spain this organization is OFESAUTO.

If the law applied is that of the country where the accident happened (which will probably be different from your country of residence’s law, how do you know that the offer is fair and according to legal compensation rules?

Both representatives in Spain of foreign entities and our handling team, know the applicable foreign laws and will inform you correctly about then.

How long will 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 that and in fact is the quickest and easiest way to solve the claim.

What happens if my claim is rejected or the solution offered is not satisfactory for me?

You have the right to sue the owner of the foreign vehicle and/or its Insurer directly. Legal action should normally be carried out in the country of the accident.

You cannot simultaneously carry out judicial and extrajudicial claims. If the injured party chooses to go to Court, the Compensation Body cannot intervene or act.

From when is the scope of the MID System applicable?

Each member state had different deadlines for the implementation of the 4th Directive in their own legislation, but as a general rule since January 2003, the system became operational for all countries which at that time belonged to the EEA. (The deadline for entry into force can vary if the country concerned joined the EU after January 2003).

Therefore, an accident which happened before January 2003 cannot be handled by this system.

What happens if the vehicle was not insured or it is unknown?

When the victim receives the certificate from the Information Centre which says that the liable vehicle is not insured or unknown you must redirect your claim to the competent Compensation Body.

It is very important that this situation is fully justified by the certificate, otherwise the Compensation Body cannot act.