The Portuguese Motor Guarantee Fund (FGA) was appointed as Compensation Body in the scope of Motor Insurance Directive n. º 2000/26/EC.
In this role, FGA pays compensation to injured parties entitled to compensation in respect of any loss or injury resulting from accidents occurring in a Member State or in third countries whose national insurer’s bureau have joined the green card system, whenever such accidents are caused by the use of vehicles insured and normally based in a Member State other than the Member State of their residence, and:
- When the insurance undertaking hasn’t appointed a Claims Representative in Portugal;
- if within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its Claims Representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim;
- the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim;
The injured parties of accidents occurring in another Member State could also present a claim in the following situations:
- When it is impossible to identify the insurance undertaking of the vehicle which caused the accident;
- If within two months of the date of the accident, it is impossible to identify the insurance undertaking, even if the vehicle is normally based in third countries whose national insurer’s bureau have joined the green card system.
FGA shall take action within two months of the date in which the injured party presented a claim for compensation but shall terminate its action if the insurance undertaking, or its Claims Representative, subsequently makes a reasoned reply to the claim.
If neither the vehicle nor the insurance undertaking is identified, compensation shall be paid under the terms and limits of the legal provisions applicable to the Guarantee Fund of the Member State where the accident occurred.