THE ESSENTIALS
Before you start
- A previous claim to the insurer does not itself prevent the claim provided for in Article 57-A.
- Residence, accident location, entitlement to compensation and the insurer’s proceedings are part of the scope.
- Submitting a claim confirms no compensation and does not allow double recovery for the same loss.
The law expressly allows an earlier claim
Article 57-A of Decree-Law 291/2007 permits a claim to the FGA even after a claim to the insurer. It covers injured parties resident in Portugal, accidents in Portugal and entitlement to compensation for bodily injury or property damage against an insurer based in Portugal or another Member State undergoing insolvency or winding-up proceedings.
Rui’s question therefore has a bounded answer: the earlier claim alone does not close this route. Clara does not conclude that he meets the remaining conditions or will receive a particular sum. Nor does she turn this mechanism into a guarantee of every benefit under any policy.
Confirm the proceedings and relevant dates
A late response or news of financial difficulties should not be recorded as proof of insolvency. Keep the available official decision or communication and identify the exact company, its registered office and the proceedings reference. Flag missing confirmation if your information is incomplete.
Article 7(2) of DL 26/2025 gives the regime effect from 10 July 2024 for insolvencies occurring from 23 December 2023. Those dates are not a claim-submission deadline. For an older event or winding-up case, clarify the specific temporal application before using this explanation.
Bring the earlier claim into one record of losses
As an organisation method, Rui gathers the accident report, claim sent to the company, replies, supporting documents and payments received. He prepares one list of the losses he wants considered and identifies existing case references. If an amount remains unconfirmed, he says so rather than presenting it as an acknowledged debt.
Clara helps separate the amount originally claimed, any amount recognised and what has already been paid. Rui tells the recipient about the earlier proceedings. Two recipients do not mean two payments for the same loss. An organised file helps clarify the position; it proves neither liability for the accident nor the amount payable by the Fund.
Confirm the next step through the Fund’s channel
Ask the FGA through its official channels about submitting the claim and the information appropriate to the case. Explain from the start that the issue is the liable insurer’s insolvency or winding-up. Do not describe the vehicle as uninsured or unidentified merely because the company stopped replying. Those involve different conditions.
This guide is limited to Article 57-A; accidents outside Portugal or residence in another country require a different assessment. To organise information about a policy or incident followed by RMACHADO, use Support and claims without posting personal documents in comments. To compare future protection, select Motor under “Request a quote”. A new policy does not resolve this earlier claim retrospectively.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Check residence, accident location, the liable insurer and its registered office.
- Keep official information about the proceedings and clarify the applicable dates.
- Bring earlier claims, replies and payments into one record of losses.
- Confirm the submission channel and information needed with the FGA.
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 — DL 291/2007, complete Article 57-A, 2025 wording; stated last amendment 20 March 2025; read 2 November 2026 ↗
- Diário da República — DL 26/2025, Article 3 adding Article 57-A, and Article 7(2), temporal effect; read 2 November 2026 ↗
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.