- The order updates the rules of Ofesauto, the office that groups motor insurers and the Insurance Compensation Consortium.
- A Spanish resident injured in another European country can turn, in exceptional cases, to a compensation body in Spain.
- Travelling with insurance, green card and vehicle details to hand makes it easier to claim when something goes wrong.
On 4 August 2017 the official gazette published Order EIC/764/2017 of 26 July laying down rules for the operation of the Spanish Office of Motor Insurers, known as Ofesauto. It repeals the order of 25 September 1987 and updates the framework in which the body operates, which protects victims of road accidents in international traffic, a matter of particular interest at the height of the holiday season.
Ofesauto is a non-profit association that groups all insurers authorised to operate in Spain in motor third-party liability insurance and the Insurance Compensation Consortium. It is neither an insurer nor the ultimate bearer of the cover: it acts on behalf of the sector as a whole so that victims are paid and then claims the amount it has advanced from the insurer or body concerned.
If the accident happens outside Spain
When a vehicle habitually based in Spain, or insured in Spain with a green card, causes an accident in another country, Ofesauto acts as the national insurance bureau: it handles claims and meets the obligations of compulsory insurance on behalf of the member insurers, which may mean advancing compensation payments. Cover under Spanish third-party liability insurance extends automatically to the countries of the European Economic Area and others that have joined the system.
The green card is the international certificate proving the existence of compulsory third-party liability insurance, and the system is coordinated among the national insurance bureaux of participating countries. Border insurance is the green card issued at Spain’s borders for vehicles habitually based in States outside the European system, and Ofesauto also administers it.
If the injured party lives in Spain
A Spanish resident injured in another Member State by an insured vehicle habitually based in the EU can turn to the at-fault driver’s insurer through the representative it must appoint in Spain to handle claims. If it has not appointed one, delays handling or the insurer cannot be identified, Ofesauto steps in as compensation body and deals with the claim in those exceptional cases.
In addition, the Insurance Compensation Consortium acts as the information body, so that victims can find out the name of the insurer, the effective insurance cover and the representative appointed. And as the guarantee fund, it compensates, at least up to the limits of the compulsory insurance, injury or damage caused by an unidentified vehicle or one for which the obligation to insure has not been met.
What to do when travelling
Before travelling with your vehicle, check that your compulsory third-party liability policy is in force and what additional cover you have, such as own damage, travel assistance or legal defence. Carry the insurance and vehicle documents, and find out whether the destination country requires any additional document, such as the green card, depending on where you travel and what type of vehicle you use.
If you have an accident, note the details of the other vehicle and its insurer, fill in the joint accident report with the other driver if possible, take photographs, collect witnesses’ details and notify your insurer as soon as possible. If you later have difficulty identifying the other driver’s insurer or getting your claim handled, it is worth knowing that there are information and compensation bodies to turn to. This summary is general: consult your policy and your insurance broker.
Good insurance and the right details to hand turn a bad moment into a manageable procedure.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
