My insurer is refusing to pay my motor accident claim. What direct action rights do I have?

What the Law Says

The EU Motor Insurance Directive (2009/103/EC) sets minimum standards for motor insurance but leaves it to each Member State to decide whether victims can bring direct claims against insurers.

The Directive requires all vehicles to be covered by third-party liability insurance, and ensures victims have access to compensation — but it does not create a uniform right to sue the insurer directly.

Instead, Article 1(1) defines the scope, and Article 4 requires Member States to ensure that victims 'may claim compensation directly from the insurer' only 'in accordance with the provisions laid down by national law'.

This means your ability to act directly against the insurer depends entirely on how your country implemented the Directive — for example, France and Spain allow direct action, while Germany and Ireland generally do not (except in limited circumstances).

Statutory Text

Member States shall ensure that victims may claim compensation directly from the insurer in accordance with the provisions laid down by national law.

— Directive 2009/103/EC, Art. 4 — Direct claims by victims

Sources