When you are involved in an accident abroad, you may have various questions about how to proceed, unlike when it happens at home.
Usually, checks are made to see if anyone has been injured, the authorities are notified if necessary, the accident report form is completed, the insurance companies are informed, and the damage caused is repaired or compensation is paid.
But who can I claim against if I have an accident abroad?
In this post, we’ll look at how to go about it.
Accident in a country with a Green Card
Having an accident in another country does not mean that the rights that protect us are diminished or nullified, but there are several issues to bear in mind.
First of all, we’ll see whether it’s a European Union country with a green card.
And what is a green card?
This is the International Motor Third-Party Liability Insurance Certificate, which would prove that the vehicle owner has valid third-party liability insurance within the European Union
This ensures compliance with the minimum requirements in terms of coverage in other countries.
Procedure to follow in the event of an accident in a country with a Green Card
Data collection
The first thing to do is to complete the European accident report, which is the standard document used by all EU countries.
It must set out the details of how the accident, who caused it, etc., as well as being signed by both parties and including the registration number, model and other identifying details of the other person and the vehicle, or the Green Card number and the other party’s insurance company.
Contact the insurance company
Once the report has been completed, you must notify the insurance company of the events that have taken place, so that they can advise on how to proceed should, for example, medical assistance or vehicle repairs be required as a result of the accident.
To make a claim
Once back in Spain, you need to start the procedure for lodging a complaint in due course. This claim may be made through the courts or via the insurance company.
We can therefore say that if the accident took place in a European Union country and was caused by another vehicle, European legislation itself allows you to claim damages and to do so from Spain.
Within three months, the opposing foreign company must respond or submit an offer.
In the event that if no reply was received or if no compensation offer is made within this period, the claimant shall be entitled to interest on the amount of compensation offered by the insurer or awarded by the court.
Furthermore, with regard to thecompensation, the European Union sets a maximum limit of one million euros per victim for personal injury, and five million per claim, with the maximum for property damage being one million euros per accident.
Procedure to follow in the event of an accident in a country without a Green Card
If you are involved in an accident in a foreign country that is not an EU member state and, consequently, does not hold a green card, the process will be governed by the legislation of the relevant foreign country.
If that is the case, we will have to turn to the Spanish Consulate in the foreign country or contact the insurer directly to find out about the specifics of the case or the procedure to follow.
What legislation Does this apply if you have an accident abroad?
In addition to everything mentioned above, a few clarifications need to be made regarding the relevant regulations, as it depends on the specific case.
The general rule It must be made clear that, under both international law and national law, the competent authorities are the Courts in the area where the accident occurred.
But there are exceptions, in which the law of the state where the vehicle is registered or where the injured persons have their usual place of residence might apply, such as:
An example would be when there are only a vehicle that is involved, the law of the country in which the accident occurred will apply only if the injured person is also resident in that country.
If the people injured in the accident were normally resident in the the same country in which the vehicle is registered, that law will apply. In other words, if people are Spanish nationals but have an accident in France, in this case they will not want to apply the law of the country where the accident occurred; they will want to deal with it under Spanish law.
In the event that none of the victims are resident at the scene of the accident, nor the same country of residence; in that case, the rules of each country could be applied to each person separately.
On the other hand, we can find several vehicles involved, all of which are registered in the same State and all the victims have their habitual residence in that State (which is not the same as the place where the accident occurred). Here, too, the law of the habitual residence would apply, rather than that of the country where the accident occurred.
Ofesauto
This organisation is the Spanish Motor Insurers’ Bureau, or the national Green Card office, which steps in if the vehicle involved in an accident with us has foreign number plates, whether in Spain or abroad.
It has features such as dealing with accidents abroad when the accident involved a vehicle registered in Spain, because the person had taken the vehicle on holiday themselves.
Or by accidents that occur in Spain, caused by foreign vehicles, provided they are vehicles from countries with a Green Card.
