I was injured as a passenger in a car accident. Can I claim from the driver's insurer?

What the Law Says

EU law guarantees passengers injured in road accidents the right to bring a direct claim against the driver’s motor insurer — regardless of whether the driver is at fault — provided the accident occurred in an EU Member State.

The key legal instrument is Council Directive 2009/103/EC on insurance against civil liability in respect of the use of motor vehicles. It harmonises compulsory motor insurance rules across the EU and ensures victims’ rights are protected.

Article 1(4) defines 'victim' to include 'any natural person who suffers injury', explicitly covering passengers. Article 4(1) requires Member States to ensure that victims can bring a direct action against the insurer of the liable party — even if the liable party is not sued.

This means you do not need to sue the driver personally to recover compensation. You may file your claim directly with their insurer, and national laws must facilitate this process.

Statutory Text

Member States shall ensure that victims of accidents caused by vehicles registered and normally based in their territory may bring a direct action against the insurer of the person responsible.

— Directive 2009/103/EC, Art. 4(1)

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