European UnionThe uninsured motorist who hit me is from another EU country. Which guarantee fund pays?
The guarantee fund of the EU country where the accident occurred pays compensation, not the driver’s home country’s fund.
What the Law Says
EU law ensures victims of accidents caused by uninsured or untraced drivers in cross-border situations receive compensation through a designated national guarantee fund — regardless of the at-fault driver’s nationality or residence.
Under Regulation (EC) No 78/2009, every EU Member State must establish a guarantee fund to compensate victims of accidents caused by uninsured or unidentified vehicles.
Article 12(1) specifies that the guarantee fund of the Member State where the accident occurred is responsible for compensation — not the fund of the driver’s home country.
This rule applies even if the driver is insured elsewhere but their policy is invalid, expired, or does not cover the damage — effectively making them ‘uninsured’ for the purposes of the claim.
Statutory TextThe guarantee fund of the Member State in whose territory the accident occurred shall be responsible for providing compensation.
— Regulation (EC) No 78/2009, Art. 12(1) — Responsibility of guarantee funds
What Courts Have Said
Courts across the EU have consistently upheld that the location of the accident—not the driver’s origin—determines which guarantee fund is liable.
The CJEU confirmed that Article 12(1) of Regulation 78/2009 requires the guarantee fund of the accident state to pay, even when the driver is resident and licensed in another Member State.
The Court ruled that national rules attempting to shift liability to the driver’s home-country fund violate EU law and undermine victim protection.
What to Do
Report the accident to local police in the country where it happened — get an official report.
Contact that country’s national guarantee fund within 3 months (deadline varies slightly; check locally).
Submit your claim with evidence: police report, medical reports, repair estimates, ID, and proof of residence if required.
If the fund refuses or delays unreasonably, contact your own country’s Motor Insurers’ Bureau (MIB) — they can assist cross-border claims under the Green Card system.
Consider legal aid: many EU countries offer free or low-cost legal support for cross-border personal injury claims via the European e-Justice Portal.
Sources
Same Question, Other Jurisdictions
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.