Purpose
The European Parliament implemented the Fourth Directive to provide the victim with a mechanism for dealing with his claim in his own country and in his own language, even though the applicable law may remain that of the country where the accident happened.
In what circumstances can I use it?
The Fourth Directive applies when someone resident in the European Union (EU) is involved in an accident in another member State, where the responsible vehicle is registered and insured with an insurer established in a member State other than his own. It can also apply when the acident is in a non EU green card signatory country when the offending vehicle is registered and insured in another EU state.
Who handles the claim?
To enable claims to be handled effectively, the Directive requires that all insurers appoint a representative in every other member State capable of responding to those claims and paying them where necessary.
To ensure that insurers act appropriately, the member States impose "appropriate, effective and systematic financial or equivalent administrative penalties". Further, there must be a direct right of legal action available against insurers.
How do I find the insurer or agent?
So that a victim can identify the relevant insurer, every State has established an "Information Centre" so a victim can, by reference to the registration number of a vehicle obtain details of its insurance, or the name and address of the owner or user. However, local data protection laws still apply.
UK Citizens can enquire at the Information Centre at the MIB at information@mib.org.uk
What happens when the agent is found?
Once you have lodged your claim, the insurer's representative must provide a "reasoned reply" within three months. Should that not be done, the MIB which is appointed the "Compensation Body" for Great Britain, must intervene.
If the agent corrects the omission it can continue to handle the claim. Otherwise the claim will be dealt with by the MIB.
Will my claim be dealt with any differently to a claim arising from an accident in Great Britain?
Yes. Your claim will be dealt with in accordance with the law of the country where the accident occurred. This may mean that liability is determined differently and the amount you can claim may also be different.
How can I know what to claim or what I may expect?
Your solicitor should be able to advise you. If necessary he will obtain expert legal advice from the country in question.
How long may my claim take?
This will depend on the facts and to some degree on the legal system of the country where the accident happened.
Will the agent pay my claim direct?
Yes, although it is likely that most agents will require the foreign insurer to transfer the money to them first. This may result in a short delay.
What if my claim is rejected, or I cannot agree a settlement?
In this circumstance you may have the right to sue the foreign motorist and/or his insurer, and should consider seeking legal advice.
Can I come to the Compensation Body for help if I cannot get a settlement?
Yes, but our ability to intervene will depend on whether the agent has given a reasoned response. If he has not, then we can assist, as we can if a promised payment does not arrive.
What is the legal basis of the Directive?
Every State has had to implement the Directive into its own law. However, each State's laws are different and were implemented at different times, although mostly on or around 19th January 2003.
In the UK, the Directive was implemented by the following Regulations:
S.I.2003 No.37 (Information Centre and the Compensation Body),
S.I 2002 No.2706 (penalties),
S.I.2002 N0 2707 (representatives) and
S.I.2002 No.3061 (direct right of action)
What if the motorist was uninsured or cannot be traced?
Cases involving uninsured and untraced vehicles are dealt with by the MIB, acting as the agent of the Guarantee Fund in the country where the accident occurred.