Motor third-party liability — Portugal

What is MTPL (Seguro de Responsabilidade Civil Automóvel) in Portugal and who is required to have it?

Motor Third-Party Liability (MTPL) insurance, known in Portugal as Seguro de Responsabilidade Civil Automóvel (SRCA, often referred to simply as Seguro de Responsabilidade Civil or seguro contra terceiros), is mandatory under Decreto-Lei n.º 291/2007, de 21 de agosto (the Regime do Sistema do Seguro Obrigatório de Responsabilidade Civil Automóvel — RSORCA). Every owner of a land motor vehicle registered in Portugal must hold a valid SRCA before the vehicle is used on public roads. Proof of insurance is the Certificado Provisório de Seguro / Carta Verde (paper or digital) and electronic verification with the Sistema de Informação de Seguros Obrigatórios (SISO) maintained by ASF. Driving without SRCA is a contraordenação (administrative offence) under Article 150 of the RSORCA punishable by fine and immobilisation of the vehicle.

What are the mandatory minimum coverage limits for SRCA in Portugal?

Under Article 12 of the RSORCA (Decreto-Lei n.º 291/2007), the statutory minimum cover is €6,450,000 per accident for bodily injury, disability or death (regardless of the number of injured persons) and €1,300,000 per accident for property damage (regardless of the number of damaged parties). These limits were aligned with EU Directive 2021/2118 from 23 December 2023. All Portuguese SRCA policies issued by Fidelidade, Ageas Portugal (including Tranquilidade and Seguros Continente), Zurich, Allianz, Liberty, Generali, Lusitania, Una Seguros, OK! Teleseguros, and other insurers authorised by the Autoridade de Supervisão de Seguros e Fundos de Pensões (ASF) must meet these EU-aligned minimums.

What does Portuguese SRCA actually cover?

Portuguese SRCA covers civil liability for damages caused to third parties by the insured vehicle. This includes: bodily injury, disability or death of pedestrians, cyclists, occupants of other vehicles and other road users; property damage to other vehicles, buildings or any third-party property; loss of earnings (lucros cessantes) and additional expenses flowing from a covered event; reasonable medical, hospital, rehabilitation and funeral expenses; and non-pecuniary damages (danos não patrimoniais) for pain and suffering of victims and close family members in fatal cases under Article 496 of the Civil Code. SRCA does NOT cover damage to your own vehicle (you need a Danos Próprios cover — partial or full kasko equivalent), your own bodily injury as the at-fault driver (you can add a Proteção do Condutor / Ocupantes rider), nor losses caused by intentional acts, racing, gross misconduct or vehicles used without authorisation.

Are the at-fault driver's own damages covered?

No. Under Article 14 of the RSORCA, damages suffered by the at-fault driver are excluded from SRCA coverage. If you cause an accident in Portugal you are not entitled to compensation for your own injuries or your own vehicle damage under the obligatory SRCA. For own vehicle damage you need a voluntary Danos Próprios policy (collision, fire, theft, vandalism, natural events, glass) — typically offered as bundles such as Danos Próprios, Choque-Colisão-Capotamento (CCC) or Quebra Isolada de Vidros. For personal injury cover for the driver and passengers you can add Proteção do Condutor (driver protection) and Ocupantes (occupant accident cover), which pay defined sums on death or permanent invalidity regardless of fault. The insurer has a right of recourse (direito de regresso) against the policyholder under Article 27 of the RSORCA in defined circumstances — drunk driving, drugs, hit-and-run, unlicensed driving, intentional acts.

Are passengers in the at-fault vehicle covered?

Yes. Under Article 14 of the RSORCA and longstanding Portuguese jurisprudence (Supremo Tribunal de Justiça), passengers in the insured vehicle (excluding the at-fault driver) are treated as third parties and their bodily injury, disability, death and reasonable medical/rehabilitation/funeral expenses are compensated within the SRCA bodily injury limit. Compensation may be reduced for the passenger's own contributory negligence (e.g. not wearing a seatbelt) but cannot be excluded altogether. Property damage to passengers' belongings (luggage, mobile phone, clothing) is not covered by SRCA — separate cover or the optional Bagagem rider on a Danos Próprios policy is required. For broader, fault-neutral protection of all occupants, the Ocupantes cover (Proteção dos Ocupantes) is widely available as a rider.

What is the Fundo de Garantia Automóvel (FGA) and what does it do?

The Fundo de Garantia Automóvel (FGA) is the Portuguese motor guarantee fund established under Articles 47 to 65 of the RSORCA (Decreto-Lei n.º 291/2007) and administered by the Autoridade de Supervisão de Seguros e Fundos de Pensões (ASF). The FGA indemnifies victims of road accidents caused by uninsured, untraced or unidentified vehicles, and by vehicles whose insurer is insolvent. It pays bodily injury claims as standard, and property damage where bodily injury was also caused (excess applies to property-only claims). The FGA recovers paid sums from the at-fault uninsured keeper. It also acts as the Information Centre and National Compensation Body under EU Directive 2009/103/EC for cross-border claims, alongside the Gabinete Português de Carta Verde, which is the Portuguese national bureau under the Council of Bureaux.

How does the bonus-malus / claims rating system work in Portugal?

Portuguese insurers operate their own bonus-malus tariffs (sistema de bonificação por sinistralidade) rather than a centrally-defined ladder. Most insurers use a class system that increases the premium discount per claim-free year (typical +5 percentage points per year) up to a cap of 60–70% off the base premium after 8–10 claim-free years, with malus penalties applied for at-fault claims (typical surcharge of +30–50% for the year following the claim, sometimes for 2–3 years). The claim history is shared between insurers through the ASF Sistema de Informação de Seguros Obrigatórios (SISO) and via the Carta de Sinistralidade (claims history letter), which the previous insurer is obliged to provide on request under Article 41 of the RSORCA. Foreign claim-free history can typically be applied with a certified Bonus-Malus certificate from the previous foreign insurer.

Which countries does Portuguese SRCA cover?

Portuguese SRCA is automatically valid in: Portugal (Continente, Açores and Madeira); all EU Member States and EEA countries — Norway, Iceland, Liechtenstein; Switzerland, Andorra, Serbia and the United Kingdom (the Portuguese registration plate is sufficient proof of cover under the Council of Bureaux multilateral plate-based system). Cover is at the higher of the Portuguese statutory minimums and the local mandatory minimums of the country visited (per EU Directive 2009/103/EC). For other Green Card system states — Turkey, Bosnia and Herzegovina, North Macedonia, Albania, Montenegro, Ukraine, Moldova, Israel, Iran, Morocco, Tunisia — a paper Carta Verde (Green Card) is required and is issued by your insurer on request, typically within 1–3 business days and usually free of charge. The Gabinete Português de Carta Verde manages the Green Card system and channels foreign claims in Portugal.

What must I do immediately after a road accident in Portugal?

After an accident you must: stop immediately and secure the scene (triângulo de pré-sinalização at the prescribed distance, hazard lights, colete refletor); render first aid and call the single European emergency number 112 where there are injuries; call the GNR (rural areas) or PSP (urban areas — also via 112) where required by law — bodily injury, fatalities, hit-and-run, suspected drink or drug driving, refusal to exchange details, damage to road infrastructure, or where a foreign-registered vehicle is involved; exchange names, addresses, registration numbers and SRCA details with the other party and complete the Declaração Amigável de Acidente Automóvel (Portuguese version of the European Accident Statement); photograph the scene and damage; and notify your SRCA insurer as soon as practicable. Under Article 35 of the RSORCA the policyholder must notify the insurer of an accident within 8 days. Once notified, the insurer has 30 days to either present a reasoned offer (proposta razoável fundamentada) or a reasoned response if liability is disputed.

Can I buy Portuguese SRCA online and pay in instalments?

Yes. All major Portuguese insurers — Fidelidade, Ageas Portugal (Tranquilidade, Seguros Continente), Zurich, Allianz, Liberty, Generali, Lusitania, Una Seguros, OK! Teleseguros (Ageas Direct) — offer online subscription through their own portals and through licensed brokers and comparators (ComparaJá, Doutor Finanças, Seguros.pt). The Certificado Provisório de Seguro and Carta Verde are issued electronically immediately on payment of the first premium, and the SISO database is updated in real time. Instalments are standard: annual, half-yearly, quarterly or monthly direct debits are offered, frequently with a small instalment surcharge (typically 2–4%). Pricing factors include vehicle category, engine power, year of manufacture, registration district, age and licence experience of the keeper, and bonus-malus class. Distance selling of insurance is fully regulated under the Regime Jurídico do Contrato de Seguro (Decreto-Lei n.º 72/2008) and gives the policyholder a 14-day right of withdrawal.