THE ESSENTIALS
Before you start
- Compensating victims does not, by itself, remove a possible recovery claim.
- The alcohol provision refers to the driver who caused the accident and the legally permitted level.
- Assessing a demand for payment differs from choosing own-damage cover.
What does an insurer’s right of recovery mean?
Here, recovery means an insurer seeking reimbursement, from a person identified by law, for compensation it has already paid. Article 27 of Decree-Law 291/2007 addresses that relationship after payment. It is not a licence to deny protection indiscriminately to every victim because alcohol was involved.
For alcohol, paragraph 1(c) concerns the driver who caused the accident and drove with a blood-alcohol level above that legally permitted. Replacing that wording with “alcohol was present, so everything is repayable” is insufficient. The facts, evidence and specific ground relied on require assessment; this guide determines neither fault nor an individual debt.
The road-law threshold also depends on the driver
Article 81 of the Portuguese Highway Code prohibits driving under the influence of alcohol. The general blood-alcohol reference is 0.5 g/l or above. For the categories in paragraph 3, including probationary, taxi and TVDE drivers, it is 0.2 g/l. The provision lists further categories that should also be checked.
These are statutory figures, not fictional examples or a recommendation to drink up to a particular level. They do not calculate how much a person can consume or let someone determine a recovery claim on their own. Clara reminds Rui to separate his decision to drive from any expectation about insurance: plan an alternative that does not involve driving when drinking.
If a payment demand arrives, identify its basis
Keep the complete communication, the identified accident, the amounts demanded and the payment the insurer says it made. Collect existing records of the test, the units of its result and the assessment of the accident circumstances. A road-traffic penalty, compensation to a victim and a recovery claim are different documents answering different questions.
As an organisational method, Rui and Clara use three columns: documented fact, conclusion presented and question outstanding. They do not change a result or treat an informal conversation as a response to a notice. Obtain suitable legal assistance for a payment demand or proceedings and check the applicable deadlines; a new quotation request does not suspend them.
Damage to your own car requires a separate assessment
Compulsory liability insurance does not cover damage to the insured vehicle itself, under Article 14(4)(a). If optional own-damage cover exists, its terms, exclusions and duties require examination. An explanation of recovery under compulsory insurance does not confirm a payment under that optional cover.
Use your existing policy’s support route for an accident or communication already received. To compare future protection, select Motor in Request a quote and ask for an explanation of covers, exclusions and recovery rights. Article 27(2) provides for that explanation before contracting. No new request retrospectively covers an accident or removes existing responsibilities.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Separate victim compensation, road penalties and recovery.
- Locate the legal ground, amount and payment relied on.
- Retain test results, communications and accident records without posting them publicly.
- Obtain assistance for the proceedings and plan travel without driving after drinking.
FROM THE ARTICLE TO YOUR SITUATION
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Sources and transparency
Content updated on .
Consultation dates are stated in individual references when available.
Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.
- Diário da República — Decreto-Lei n.º 291/2007, consolidação com última alteração indicada em 20/03/2025; artigos 14.º e 27.º completos lidos em 02/11/2026 ↗
- Diário da República — Código da Estrada, consolidação atual; artigo 81.º completo lido em 02/11/2026, incluindo condutores em regime probatório e TVDE ↗
Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.