I was hit by a car in another EU country. Can I claim directly from their insurer?

What the Law Says

EU Regulation (EC) No 864/2007 (Rome II) governs which country’s law applies to non-contractual obligations like road traffic accidents. Crucially, it guarantees your right to bring a direct claim against the liable party’s insurer — even if they’re based in another EU country.

Under Article 11 of Rome II, if you suffer damage in a road traffic accident in an EU country, you may bring a claim directly against the insurer of the person responsible — provided that national law allows such a direct action and the insurer is established in an EU Member State.

This right exists regardless of where you live or where the accident occurred — as long as both the victim and the insurer are within the EU. It removes the need to sue the driver personally first or rely on your own insurer for compensation.

The regulation also sets rules for determining which country’s substantive law applies (usually the law of the country where the damage occurred), but the procedural right to sue the insurer directly is harmonised across the EU.

Statutory Text

A person who has suffered damage may bring proceedings directly against the insurer of the person liable, where such direct action is permitted by the law applicable to the non-contractual obligation or by the law governing the insurance contract.

— Regulation (EC) No 864/2007 (Rome II), Art. 11 — Direct action against the insurer

Sources