The insurance entities domiciled in Spain and the branch offices of entities from other countries established in Spain must designate in the other Member State countries of the European Economic Area (the 27 States of the European Union plus Iceland, Liechtenstein and Norway) a representative in the residence state of the affected party for the handling and settlement of losses caused by vehicles that are habitually parked and are insured in a Member State of the European Economic Area, whenever.

• The place of occurrence of the loss is in Spain and the affected party is resident in another Member State of the European Economic Area.
• The place of occurrence of the loss is in a Member State of the European Economic Area other than Spain and the affected party is resident in Spain.
• The claims occur in countries that have subscribed to the Green Card System when the affected party has his/her place of residence in Spain, or when the vehicle responsible for the accident is habitually parked and is insured in Spain.

Said Representative should be domiciled or established in the Member State in which they will be exercising their functions and have sufficient powers to be able to represent the insurance entity and satisfy, in their entirety, all indemnities to affected parties. For these purposes they must compile all the necessary information and take all appropriate measures for negotiating the settlement in the official language or languages of the residence State of the affected party.

The insurance entities will have absolute freedom to designate these representatives, who may act on behalf of one or several entities. However, they must communicate the designation, weith name and address, to the Information Organisms of the different Member States of the European Economic Area.

The affected party may present a claim to the insurance entity established in Spain or the representative designated by same in their country of residence.

The insurance entity or their representative will provide a response to the claim within a period of three months from presentation, making an assessed offer if the liability has been determined and the damages have been quantified. If the contrary should be the case, or if the claim is rejected, they will give an assessed response to the allegations of the claim.

If, following the period mentioned in the previous paragraph, no assessed response has been given, interest will incur in accordance with that which is envisaged in the legislation that applies to each case, which will depend upon the place of occurrence of the accident.

No response to the affected party by the insurance entity or their representative (be it due to acceptance of the claim or due to its assessed rejection) will constitute a grave or light administrative infraction in accordance with articles 40.4.t) y 40.5.d) of the Law of regulation and supervision of private insurance (redrafted text approved by R.D.L. 6/2004, dated 29th October).

The representatives' actions in the handling and the settlement of claims will not be sufficient to alter the material rights that apply to each specific case, nor to attribute competences to the jurisdictional organs of the residence (Member) state of the affected party, other than in the terms envisaged in international private and public law applicable to road traffic accidents and regarding the attribution of jurisdictional competences.

The affected party resident in Spain may directly address the authorised entity in another Member State of the European Economic Area that insures a vehicle responsible for an accident, or the representative of same in Spain, for the handling and settlement of claims, in any of the following circumstances:

• That the place of occurrence of the loss is in a Member State of the European Economic Area other than Spain.
• That the place of occurrence of the loss is in a state that has subscribed to the Green Card system, and the affected party has his/her habitual residence in S, or that the vehicle responsible for the accident is habitually parked and is insured in Spain.

Neither in this case will the representatives' actions in the handling and the settlement of claims be sufficient to attribute competences to the jurisdictional organs of the residence (Member) state of the affected party, other than in the terms envisaged in international private and public law applicable to road traffic accidents and regarding the attribution of jurisdictional competences.

Enquiries to the Register of Representatives of Insurance Entities in the European Economic Area may be carried out by accessing either the country or the insurance entity.

• Affected parties not resident in Spain may present a claim to the insurance entity established in Spain or to the representative designated by same in their country of residence.
• Affected parties resident in Spain may address the foreign insurer or theior representative in Spain. They may also consult the address, telephone number or fax number of the Information Organisms of the other Member States of the European Economic Area.