Traffic accident

There are complicated situations when, after a traffic accident, thecausing vehicle comes from abroad andis not properly insured. That's exactly what happened to some claimants in Spain who suffered personal and material damagesafter being hit by a trailer with a Moroccan license plate that, according to the police report, did not have valid insurance (lack of the so-called "green card"). Initially, thevictims filed a claim with the Spanish Automobile Insurers Bureau (OFESAUTO) to seek compensation. However, OFESAUTO wanted to ensure the lack of insurance and

continued to make inquirieswith the Moroccan company. After some time, it was officially confirmed that the trailer did not have international insurance. Subsequently, the affected parties expanded their claimand filed a claim with the Insurance Compensation Consortium (CCS), which is the entity that responds subsidiarily in these cases in Spain. However, the CCS defended itself by pointing out that more than a year had passed since the damages were known or the injuries stabilized (which in legal terms means thatthe possibility to claim had expired. and claimed against the Consorcio de Compensación de Seguros (CCS), which is the entity that responds subsidiarily in these cases in Spain.

The CCS, however, defended itself by pointing out that more than a year had passed since the damages were known or the injuries stabilized (which in legal terms means thatthe possibility of claiming had prescribed), and also had not received any prior notice that interrupted that deadline.

The court of first instance and the Provincial Court sided with CCS and OFESAUTO, understanding that it could no longer be claimeddue to being out of time and that OFESAUTO was not responsible.

However, the Supreme Court (SC) has corrected the criterion. It states that the deadline to claim does not start counting until theaffected parties are certain that the vehicle reallywas uninsured, something that did not happen until much later, when CCS confirmed it by email. Since theamendment of the claim was made just after that confirmation, the SC understands that ithad not expired and orders that the matter be resolved on the merits.

Thus, in cases of accidents involving uninsured foreign vehicles, the SC establishes that the clock toclaim against the Consortium starts running from the moment the injured party receives the official confirmation that there is no insurance, not before.