A car accident abroad is stressful even without legal complications: an unfamiliar language, foreign police, roadside assistance that has to be paid for on the spot, and an at-fault driver's insurer you do not know how to contact. The good news is that if you were injured or suffered damage in another European Union country, as a rule you can obtain compensation from Bulgaria: you submit the claim in Bulgarian to the foreign insurer's representative here and, if they do not respond, to the Bulgarian Compensation Body.
This possibility comes from the EU-wide rules on compulsory motor third-party liability insurance („Гражданска отговорност“), transposed into the Bulgarian Insurance Code (Кодекс за застраховането, КЗ), and from the Green Card system. Below we explain what to do at the scene of the accident, who pays for the damage, how the claim is submitted from Bulgaria, the deadlines within which you must receive an answer, and when you can bring a case before a Bulgarian court.
What is the Green Card system and why does it matter in an accident abroad?
The Green Card is an international system that guarantees that victims of a foreign vehicle will receive compensation as if the car were insured in their own country. Each participating country has a national insurers' bureau. In Bulgaria this is the National Bureau of Bulgarian Motor Insurers (Национално бюро на българските автомобилни застрахователи, НББАЗ), which takes part in the Green Card system and performs the functions of the Compensation Body (Art. 506 of the Insurance Code).
Bulgarian compulsory motor third-party liability insurance covers the driver's liability for damage caused in other Member States under their law, and in third countries whose bureaux participate in the Multilateral Agreement or in the Green Card system (Art. 480(1) of the Insurance Code). If the cover under the Bulgarian Code is higher than under the law of the country where the accident occurred, the higher cover applies (Art. 480(3) of the Insurance Code). The Green Card certificate is issued together with the policy at no extra charge (Art. 488(1) of the Insurance Code).
From our practice: In the countries of the European Economic Area and some other countries that have joined the Multilateral Agreement, insurance is usually evidenced by the registration number alone. Outside them, for example in Turkey, border authorities may ask for the certificate. Keep it in the car whenever you travel outside Bulgaria, even if you think you will not need it.
What to do at the scene of the accident
The first few minutes determine whether you will later be able to prove what happened. Act in this order:
- Make the scene safe. Switch on your hazard lights and put on the reflective vest and set out the warning triangle. If anyone is injured, call 112. The number works in all EU countries.
- Call the police if there are injuries or a dispute. If anyone is hurt, if the other driver denies fault, appears drunk or has no insurance, the police must attend. Ask for the case number or a copy of the document they draw up.
- Fill in a joint accident report. If there is only material damage and you agree on the circumstances, fill in a report on the European form. The form has the same content in the different languages, so you can fill in your copy in Bulgarian and the other driver theirs in their own language. Do not sign text you do not understand.
- Write down the details of the other vehicle and driver. You need the registration number and country of registration, the name and address of the driver and of the owner, the insurer and the policy number (or Green Card certificate number).
- Photograph everything. The position of the cars, the damage, road signs, road markings, street name or kilometre signs. Also photograph the other driver's documents, if they agree.
- Note down witnesses. Names, phone numbers and email addresses.
- Keep the receipts. Roadside assistance, hotel, hire car, medical examinations, medicines. All of this can be part of the compensation if it is linked to the accident and proved.
- Notify your own insurer. If you have Casco, notify your Casco insurer within the period set in the policy. If you are at fault, notify your third-party liability insurer.
The report and the police documents are the basis of the claim. By law, the insurer cannot refuse to decide on the merits of the claim where an accident report, a joint accident report or another document issued by the competent authorities has been submitted (Art. 496(3) of the Insurance Code). Where the documents are insufficient, it may ask for additional evidence (Art. 496(4) of the Insurance Code).
Who pays for the damage in an accident abroad?
The answer depends on who is at fault and what insurance you have.
| Situation | Who pays | What to do |
|---|---|---|
| The at-fault driver's car is registered in another EU country | The at-fault driver's third-party liability insurer | Claim through its representative in Bulgaria or directly to the insurer |
| The at-fault driver is from a third country in the Green Card system | The at-fault driver's insurer, under local law | Claim in the country of the accident, often with the help of a local lawyer |
| You are at fault | Your third-party liability insurer pays the victims | Notify it; damage to your own car is covered only by Casco |
| The at-fault driver has not been identified or is uninsured | The Compensation Body or the guarantee fund of the country concerned | Claim through НББАЗ or the Guarantee Fund |
| You have Casco and do not want to wait | Your Casco insurer, which then recovers the amount | Casco claim in Bulgaria |
Remember: your car's compulsory third-party liability insurance does not cover damage to your own car. It covers the damage you cause to others. If you are at fault or the at-fault driver cannot be traced, your only protection for your own vehicle is Casco. We explain your rights in that case and how to challenge the assessment of the damage in our article Casco: when the insurer can refuse and how to challenge the assessment.
Claims representative: compensation without travelling
Every insurer that sells compulsory motor third-party liability insurance must appoint a claims representative in every other Member State (Art. 503(1) of the Insurance Code). The representative in Bulgaria handles claims by injured parties resident here where (Art. 503(4) of the Insurance Code):
- the accident was caused by a vehicle insured with the insurer that appointed the representative;
- the at-fault vehicle is normally based in a Member State other than the one in which you live;
- the accident occurred in a Member State other than your own, or in a third country in the Green Card system, if the vehicles involved are from Member States.
In practice: if you live in Bulgaria and are hit in Greece by a German-registered car, the German insurer has a representative in Bulgaria who is obliged to accept and settle your claim. The representative has the power to gather information, negotiate and pay the compensation (Art. 503(5) of the Insurance Code). The individuals handling claims must be fluent in the official language of the country, i.e. Bulgarian (Art. 503(2) of the Insurance Code).
The appointment of a representative does not restrict you: you may also bring the claim directly against the foreign insurer or against the at-fault driver (Art. 503(6) of the Insurance Code). The route through the representative, however, is usually the most convenient.
How do you find out who the representative is?
The Guarantee Fund (Гаранционен фонд) maintains a register of claims representatives appointed for Bulgaria by insurers from other Member States (Art. 503(8) of the Insurance Code). If you know the registration number of the at-fault vehicle and the date of the accident, the Guarantee Fund's Information Centre can help you identify the insurer and its representative. That is why the registration number and country of registration are the most important details to write down at the scene.
How to submit the claim from Bulgaria: step by step
- Identify the insurer and its representative in Bulgaria. Use the report, the police documents and the Guarantee Fund's register.
- Submit a written claim. The claim to the insurer or representative is made in writing and contains details of the account into which the compensation is to be paid (Art. 380 of the Insurance Code). Describe the accident, the damage and the amount claimed, and attach all the documents.
- Attach the evidence. The report, photographs, witness details, repair invoices and quotes, medical documents, documents on the costs of roadside assistance, transport and accommodation.
- Keep proof of the date of submission. The deadlines for a response run from that date.
- Allow an inspection. If the insurer asks to inspect the car, make it available before you have it repaired.
- Watch the deadline. The representative must respond within three months (see below).
- If there is no response, turn to the Compensation Body or the court.
The insurer may request additional evidence only if the need for it could not have been foreseen when the claim was submitted, and no later than 45 days after the requested documents were provided (Art. 106(3) of the Insurance Code). It may not require documents that you cannot obtain by law or that are clearly irrelevant to the claim (Art. 106(5) of the Insurance Code).
Deadlines: how long does the insurer have to respond?
| Stage | Deadline | Legal basis |
|---|---|---|
| Final decision on a motor third-party liability claim | up to 3 months from submission | Art. 496(1) of the Insurance Code |
| Additional evidence | up to 45 days from the documents submitted | Art. 106(3) of the Insurance Code |
| Applying to the Compensation Body | if there is no reasoned reply within 3 months | Art. 515(1) of the Insurance Code |
| Decision of the Compensation Body | 2 months from the claim made to it | Art. 516(2) of the Insurance Code |
| Limitation period for a direct claim against the third-party liability insurer (under Bulgarian law) | 5 years from the accident | Art. 378(2) of the Insurance Code |
Within the three-month period, the insurer or representative must either determine and pay the compensation, or give a reasoned reply if it refuses or if liability or the amount of the damage has not yet been established (Art. 496(2) of the Insurance Code). If it does not pay on time, the insurer owes statutory default interest (Art. 497 of the Insurance Code).
The Compensation Body: when the insurer stays silent
If the at-fault driver's insurer or its representative in Bulgaria does not give you a reasoned reply within three months, or if the insurer has not appointed a representative here at all, you can claim compensation from НББАЗ acting as the Compensation Body (Art. 515(1) of the Insurance Code). This right belongs to persons resident in Bulgaria where the at-fault driver's insurer is established in another Member State, the at-fault vehicle is normally based in another Member State and the accident occurred outside Bulgaria (Art. 515(2) of the Insurance Code).
The Compensation Body also pays where the vehicle that caused the accident in another Member State cannot be identified, or where the at-fault driver's insurer cannot be identified within two months of the accident (Art. 515(3) of the Insurance Code).
What you need to know about the procedure:
- The claim is made by written request with the evidence you have (Art. 516(1) of the Insurance Code).
- The Compensation Body decides within two months (Art. 516(2) of the Insurance Code) and notifies the foreign insurer, its representative and the compensation body in the insurer's country (Art. 516(3) of the Insurance Code).
- You do not need to prove that the at-fault driver cannot or will not pay (Art. 516(6) of the Insurance Code).
- The procedure is closed if in the meantime the insurer or representative gives a reasoned reply or you are paid (Art. 516(5) of the Insurance Code).
Note: you cannot apply to the Compensation Body if you have already brought legal proceedings against the insurer (Art. 515(4)(2) of the Insurance Code), or if you submitted the claim directly to the insurer and received a reasoned reply within three months (Art. 515(4)(1) of the Insurance Code). So think about the order of the steps before going to court.
A case before the Bulgarian court against the foreign insurer
If the insurer refuses, offers an unacceptably low amount, or the Compensation Body does not help, the court remains. Regulation (EU) No 1215/2012 allows the injured party to bring a direct action against the at-fault driver's insurer before the court of their own place of residence, where the insurer is established in a Member State. This has also been confirmed by the Court of Justice of the European Union in its case law on the similar provision of the previous regulation. In practice, a person living in Bulgaria can sue a German or Italian insurer in a Bulgarian court.
There are, however, two complications:
- The applicable law. Under Regulation (EC) No 864/2007 ("Rome II"), liability in tort is as a rule governed by the law of the country in which the damage occurred. So the Bulgarian court may apply, for example, Greek or Austrian law to liability, the amount of compensation and the limitation period. Some countries also apply international conventions that lead to a different result. This is a question that requires a prior legal assessment.
- Evidence. The witnesses and documents are abroad, and translations and expert reports cost time and money. The more complete the evidence you gather at the scene, the easier the case will be.
The limitation period may also be determined by foreign law and may be shorter than the five years under Art. 378(2) of the Insurance Code. Do not put off your claim in the belief that "there is time".
If you were physically injured
In the case of bodily injury, compensation also covers non-pecuniary damage: pain, suffering, treatment, rehabilitation, lost income. As a rule, the amount is determined under the law of the country of the accident, which sometimes leads to amounts different from those awarded in Bulgaria. Keep the medical documents from the foreign hospital and have them translated. If treatment continues in Bulgaria, ask the Bulgarian doctors to record the link to the accident.
Where the at-fault driver is also being criminally prosecuted abroad, the civil claim may be pursued in the criminal proceedings there or separately. We discuss the choice between a civil claim in the criminal case and a separate case in our article bodily injury: a civil claim in the criminal case or a separate case.
Casco and subrogation: the fastest route to repair
If you have Casco with cover abroad, the fastest option is to claim from your own Casco insurer in Bulgaria. It pays under the terms of the policy and then is subrogated to your rights against the at-fault driver and their third-party liability insurer (Art. 410 and Art. 411 of the Insurance Code). That way, the dispute with the foreign insurer becomes its problem.
However, Casco rarely covers everything: there is an excess, depreciation, exclusions. You can claim the uncovered part yourself from the at-fault driver's insurer. We describe the same "my insurer pays, then recovers the money" logic in our articles on home insurance and refused claims and on an accident caused by a pothole.
Common mistakes after an accident abroad
- Signing a report in a foreign language you do not understand. It is better to fill in your own copy in Bulgarian or call the police.
- Leaving without the other car's registration number. Without it, identifying the insurer will be difficult.
- Repairing before inspection. Have the car repaired only after the insurer has inspected the damage or has declined an inspection in writing.
- Overlooked expenses. Roadside assistance, transport back to Bulgaria, hotel and a hire car are also damage. Keep the documents.
- Going to court before the Compensation Body. Bringing a case closes the route to the Compensation Body.
- Forgetting the limitation period. If foreign law applies, the limitation period may be shorter.
Our insurance lawyers offer help with such disputes.
Frequently Asked Questions (FAQ)
Can I get compensation in Bulgaria for an accident in Greece or Italy?
Yes, if you live in Bulgaria and the at-fault vehicle is insured in another EU country. You submit the claim to the foreign insurer's representative in Bulgaria (Art. 503 of the Insurance Code) and, if it does not respond within three months, to НББАЗ as the Compensation Body (Art. 515 of the Insurance Code).
What is the Green Card?
It is an international certificate confirming that the vehicle has compulsory third-party liability insurance valid in the countries of the system. In Bulgaria the certificate is issued together with the policy at no extra charge (Art. 488 of the Insurance Code). Within the EU the registration number is usually enough, but outside it the certificate may be requested.
How quickly must the insurer respond?
The final decision on a motor third-party liability claim must be made within three months of submission (Art. 496(1) of the Insurance Code). After that period, statutory default interest is owed. The Compensation Body has a further two months for its decision (Art. 516(2) of the Insurance Code).
How do I find out who the foreign insurer's representative in Bulgaria is?
The Guarantee Fund maintains a register of claims representatives (Art. 503(8) of the Insurance Code). You need the registration number of the at-fault vehicle, the country of registration and the date of the accident.
Does my third-party liability insurance cover damage to my own car?
No. Compulsory insurance covers the damage you cause to others. Damage to your own vehicle is covered only by Casco, if the policy is valid abroad. We explain when a Casco insurer can refuse in our article Casco: refusal and challenging the assessment.
What happens if the at-fault driver flees or is uninsured?
If the vehicle cannot be identified, or its insurer cannot be identified within two months, you can apply to the Compensation Body in Bulgaria (Art. 515(3) of the Insurance Code). A claim against the guarantee fund of the country of the accident is also possible.
Can I sue the foreign insurer in a Bulgarian court?
As a rule, yes. European jurisdiction rules allow the injured party to bring a direct action against the insurer before the court of their place of residence. However, the applicable law is often that of the country of the accident, which affects the amount and the limitation period. For such a case it is important to choose a lawyer with experience in international disputes; see which questions to ask a lawyer.
Do I have to call the police for every accident abroad?
Not always, but it is strongly advisable if anyone is injured, if fault is disputed, if alcohol is suspected or if there is no insurance. For minor material damage and full agreement, a joint accident report is sufficient.
I have Casco. Should I claim from my own insurer?
This is often the fastest route to repair. The Casco insurer pays and then recovers the amount from the at-fault driver and their insurer (Art. 410 and 411 of the Insurance Code). See also how this mechanism works in our article on potholes and the insurer's right of recourse.
What should I do if the insurer offers too little?
Ask for a written justification of the amount: if you complain about the amount, the insurer must provide it within 7 days (Art. 108(6) of the Insurance Code). Then consider an objection, the Compensation Body (if applicable) or the court. We also discuss similar disputes about the amount in our article on home insurance and refused claims.
I was physically injured in an accident abroad. What should I do?
Keep all medical documents and have them translated, and document any treatment in Bulgaria with a link to the accident. Compensation for non-pecuniary damage is as a rule determined under the law of the country of the accident. We explain the options for a civil claim in our article on bodily injury and civil claims.
How can we help you?
Claims after an accident abroad look complicated because of the language and distance, but within the EU much of the work can be done from Bulgaria: through the foreign insurer's representative, the Compensation Body and, if necessary, the Bulgarian courts. The key is to gather the details at the scene and not to miss the deadlines.
Mechkova & Dimitrova Law Firm will identify the insurer and its representative, prepare the claim and handle the correspondence, and, if the claim is refused, assess the most appropriate court and the applicable law. The information in this article is general and does not guarantee a particular result. Contact us to have your case reviewed.
