The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003

Entitlement to compensation where the insurer is identified

11.—(1) This regulation and regulation 12 apply in a case where—

(a) an injured party is resident in the United Kingdom,

(b) that person claims to be entitled to compensation in respect of an accident occurring in an EEA State other than the United Kingdom or in a subscribing state, and

(c) the loss or injury to which the claim relates has been caused by or arises out of the use of a vehicle which is—

(i) normally based in an EEA State other than the United Kingdom, and

(ii) insured though an establishment in an EEA State other than the United Kingdom.

(2) Where this regulation applies, the injured party may make a claim for compensation from the compensation body if—

(a) he has not commenced legal proceedings against the insurer of the vehicle the use of which caused the accident, and

(b) either of the conditions set out in paragraph (3) is fulfilled.

(3) The conditions are—

(a) that the injured party has claimed compensation from the insurer of the vehicle or the insurer’s claims representative and neither the insurer nor the claims representative has provided a reasoned reply to the claim within the period of three months after the date it was made;

(b) that the insurer has failed to appoint a claims representative in the United Kingdom, and the injured party has not claimed compensation directly from that insurer.