As prescribed by the 4th EU Directive on Motor Insurance, all motor insurance companies that cover Motor Third Party Liability appoint a Claims Representative in the other EEA Member States to which visiting victims (victims of a road traffic accident occurred in another Member State than the one of their residence) can revert in order to receive compensation for damages.
This is a facility created by the European Legislator to allow visiting victims to bring their claims in their own language to entities established in their own county of residence.
Duties of the Claims Representatives
The Claims Representative is responsible for handling and settling claims for a road traffic accident that occurred in another Member State and which is submitted to him/her by a victim who is resident in the Member State where s/he has been appointed.
In that context, the Claims Representative collects all necessary information for the settlement of the claims and takes all the required measures to negotiate the claims.
The Claims Representative is obliged to provide the victim with an offer of compensation within three months of the demand or a reasoned reply when the presentation of an offer is not possible.
The reasoned reply shall address the points made in the claim when liability is denied, not clearly determined or the damages have not been fully quantified.
Should an offer or a reasoned reply not be provided in the deadline set:
- Victims have the right to bring their claim to the Compensation Body of their Member State of residence;
- Sanctions could be applied in accordance with the national law of the Member State in which the insurer who appointed the Claims Representative is registered.
The choice of Claims Representatives is left at the discretion of the insurance company concerned. A Claims Representative may work for one or more insurance companies.
- The Claims Representative must be a resident or established in the Member State where s/he is appointed;
- S/he must have sufficient power to represent the insurance company concerned;
- S/he must be capable of examining claims in the official language(s) of the Member State of the victim’s residence.
The appointment of a Claim Representative does not constitute the opening of a branch of class 10 or the setting up of an establishment in light of the freedom to provide services.