The European Justice Confirms That The Insurance Covers Off-road

Recently, the European Justice has confirmed that the insurance covers off-road. Accidents on unconventional roads must be taken care of by the companies that offer mandatory vehicle insurance.

Decision of the High Court

This decision stems from a ruling of the Court of Justice of the European Union. Claims occurring on roads and land not suitable for circulation must be addressed.

According to the Court, the circulation of vehicles does not depend on the characteristics of the terrain ; insurers are required to acknowledge and pay for damages. The European Justice confirms that the insurance covers off-road, but only in the case of mandatory vehicle insurance or liability coverage.

The Albacete Provincial Court referred a case to the Court of Justice of the European Union. That institution did not agree with limiting the concept of car circulation.

The regulation of compulsory vehicle insurance seems to consider the concept of circulation only to driving through common or suitable land; the Hearing considered that this goes against the postulates of the European directive of the years 2009 and 2013, and the European Court has ruled.

Mandatory vehicle insurance, what is it?

Compulsory vehicle insurance is a basic policy that covers the driver’s civil liability against third parties. It ignores damages to the car and its driver when he is responsible for an accident, while the rest of the occupants would be covered.

The driver’s spouse or relatives, up to the third degree of consanguinity or affinity, are not covered. On the other hand, if the vehicle was stolen and the driver caused an accident, the damages will be covered by the Insurance Compensation Consortium.

In any case, it is a fact that, from now on, the insurance also covers off-road, by decision of the European Justice, and the existence of jurisprudence to that effect can already be alleged.

The Law of Mountains

Although it does not occur in all autonomous communities, the Forestry Law limits the traffic of cars through the countryside. It only allows the traffic of agricultural vehicles and those that serve rural establishments, when there are no more accesses.

Also authorized, according to this same law, are vehicles that transport people to their homes or to distant farms; in these cases, there will be insurance coverage.

A law authorized the circulation of motor vehicles on forest tracks in the Galician mountains. The idea is to promote rural and sustainable tourism in Galicia and avoid penalties for inappropriate use of roads.

More comprehensive policies

Mandatory vehicle insurance or liability coverage is an obligation in Spain. However,  some owners take more comprehensive policies that cover damage to the car and its driver.

At the time of contracting these insurance policies, it is recommended to verify the coverage to avoid surprises.  The roadside assistance provided by some companies does not cover accidents on unsuitable roads.  In other cases, there is coverage when the roads are easily accessible.

High costs

Insuring off-road vehicles, even if they travel on urban roads, is not easy. As always, insurers value risk and the premium is often very expensive.

In the market there is a wide range of offers ; all have guarantees, but also aspects not covered. It is advisable to choose the best proposal and compare prices.

Various exclusions

Some companies exclude non-original accessories from payment, unless they are declared. It is also important to notify any modification to the vehicle, something common in off-road fans .

• If the driver is under the influence of alcohol or drugs, there will be no coverage. Neither when it does not carry the driving license or the car has not passed the Technical Inspection of Vehicles (ITV).
• If it exceeds the passenger or cargo capacity or if the premiums are not paid on time.
• A collision with a close relative’s vehicle can be considered attempted fraud.
• Those under the age of 26 who occasionally drive the vehicle should be listed as a second driver. If they do it regularly, the ideal is to take a policy in their name.
• In the event of protests, strikes, earthquakes, hurricanes or any natural catastrophe, the compensation will be made by the Insurance Consortium.