What happens if you have a car accident abroad in Europe?
Which form to fill in, which law applies, and how to claim from home in your own language: what EU rules mean for you after a crash in another European country.
A crash abroad adds a few worries to an already bad moment: a form in a language you don't read, a driver you can't understand, an insurer in another country. The European Union has rules for exactly this situation, and most of them work in your favour.
On the spot: the same steps as at home
What you do at the scene doesn't change: make the place safe, call 112 if anyone is hurt (it works free of charge in every EU country), take photos, note witnesses, and fill in the European accident statement with the other driver. Our step-by-step checklist covers it in detail.
Two things deserve more care abroad:
- Call the police more readily. If the other driver refuses to fill in the form, gives details that don't add up, or the situation is tense, a police report protects you. In Germany, for example, consumer guidance recommends calling the police whenever a foreign vehicle is involved.
- Don't sign what you can't read. Don't sign a statement in a language you don't understand without knowing what it says.
The language problem, and why the form solves it
The European accident statement has the same layout and the same numbered boxes in every language. Box 9 is the driver and box 12 the circumstances, whether the form is in Italian or Swedish. So even if the other driver hands you a form in their language, you can match it box for box against a version in yours (many insurers put one in the glove box, and you can print one before you leave).
That is also how ZenConstat works: the app speaks your language, and produces the statement in the official layout and language of the country concerned, out of 21.
Do you need a green card?
Within the European Economic Area and Switzerland (and a few other countries such as Serbia and Andorra), your number plate counts as proof of insurance: no green card is needed, and your compulsory motor insurance covers you in every one of these countries, at least to the minimum that country requires. Outside this area, check with your insurer whether you need a green card for the country you're visiting.
Which law applies?
As a rule, the law of the country where the accident happened decides who is liable and how much compensation is due. That can be different from what you are used to: deadlines, which damage is covered, how fault is shared.
There are exceptions. Under the EU's Rome II regulation, if both parties live in the same country, that country's law usually applies instead. Some countries apply a 1971 Hague convention that has slightly different rules. For a simple claim between insurers, you won't need to deal with this yourself; for a serious injury, it's worth asking a lawyer.
Claiming from home, in your own language
This is the most useful rule. Under the EU motor insurance directive, every motor insurer must have a claims representative in every other EU country. If you were hit by a driver insured in another country:
- Find the other insurer's representative in your country. The national information centre (often part of the national green card bureau or insurers' association) tells you who it is, from the other vehicle's number plate.
- Send your claim to that representative, in your own language, from home.
- The insurer or its representative must give you a reasoned answer within three months: either a compensation offer, or an explanation of why it refuses.
If no answer comes within three months, if the insurer has no representative in your country, or if the insurer can't be identified, you can turn to the compensation body in your own country, which will handle your claim.
You can also claim directly from the other driver's insurer in the country of the accident, or simply give everything to your own insurer: in many cases it handles the claim with the foreign insurer for you.
If the other driver is uninsured or drove off
If the vehicle was uninsured or can't be identified (a hit-and-run), each country has a guarantee fund that compensates victims, under conditions. Call the police immediately and get a report: it will be the first thing the fund asks for. Your own compensation body can tell you where to turn.
Hired cars
With a hire car, the car's insurance is the hire company's. Contact the hire company as soon as possible, follow its procedure, and use the accident statement it provides with the car (there is usually one in the glove box). Check your hire contract for what it covers for damage to the car itself, and what your excess is.
Deadlines
The deadlines that apply are those of the country whose law governs the claim, and they vary. Italy, for example, gives two years to claim compensation for damage to a vehicle. Don't wait: report the accident to your insurer as soon as you're back, ideally within a few days.
In short
- Same steps on the spot, and the same form in every language.
- No green card needed within the EEA and Switzerland.
- The law of the accident country usually applies.
- You can claim from home, in your own language, through the other insurer's claims representative, with an answer due within three months.
- If that fails, the compensation body in your own country steps in.
Sources
- Car insurance cover abroad, Your Europe (European Union)
- Car insurance cover abroad: FAQ, Your Europe
- Directive 2009/103/EC on motor insurance, EUR-Lex
- Civil liability insurance for motor vehicles (summary), EUR-Lex
- Accidents: information for consumers, Insurance Europe
- Car accident in Germany or in another EU country: what to do?, European Consumer Centre Germany
- Accidents abroad: what should you do and how can you claim compensation?, Baloise
- Car accident in Italy as a foreigner, Alfredo Esposito law firm