The Motor Guarantee Fund (FGA) was created by the Decree-Law n.º 408/79, according with the Decree-regulation n.º 58/79, both of 25th September. Currently, the Decree-Law n.º 291/2007, of 21st August, states its functions and scope of intervention.
FGA must provide third parties compensation for damages caused by accidents occurred in Portugal and caused by vehicles for which the insurance obligation has not been fulfilled and, under certain conditions, when the accident is caused by a vehicle whose registration or insurer cannot be traced.
FGA only provides compensation for damages caused by a vehicle that:
- is subject to the compulsory motor vehicle liability insurance, normally based in Portugal or in a country without National Insurance Service or belonging to a third country in which the National Insurer's Bureau have not joined the Green Card System.
- is subject to the compulsory motor vehicle liability insurance without a registration plate or bearing a plate which does not correspond to the vehicle.
- is exempted from the compulsory motor vehicle liability insurance because of the use of the vehicle even if it is normally based in a foreign country.
- is subject to the compulsory motor vehicle liability insurance and having been imported from another Member State. In such cases the Member State of destination of the vehicle will be liable for compensating injured parties for a period of 30 days after the buyer takes delivery of the vehicle even though the vehicle had not yet been officially registered.
FGA also reimburses the Portuguese Green Card Bureau for the accidents settled under the Internal Regulations of National Insurer's Bureaux and caused by uninsured vehicles normally based in Portugal.
FGA provides compensations but also establishes proceedings for recourse against the uninsured persons. So, it is very important to keep valid your motor third party liability insurance.