THE ESSENTIALS
Before you start
- The kinship exclusion in Article 14(2) concerns property damage.
- The responsible driver’s own injuries have a separate exclusion.
- Do not apply the injury answer to luggage or the insured car.
Kinship does not generally exclude a passenger’s own injuries
Article 14 of Portugal’s compulsory motor insurance framework separates different situations. Paragraph 1 excludes injuries to the driver responsible for the accident and losses deriving from those injuries. Paragraph 2 concerns property damage and includes certain relatives. Do not turn that second list into a general exclusion of a relative’s own injuries as a passenger.
Rui’s question assumes an accident for which he is responsible and in which Sofia is directly injured. Being married does not, by itself, justify the answer “family members are always excluded”. Nor does this establish an entitlement to compensation: liability, damage and the case’s other requirements still need to be assessed.
A suitcase and an injury need different answers
Article 14(4) also excludes damage to the insured vehicle itself and to goods carried in it. An explanation about Sofia’s injuries therefore does not establish that the same liability cover pays for her suitcase, a phone or repairs to the insured car.
Clara suggests three separate rows: the passenger’s injury, goods carried and the car. If Rui wants to compare optional protection for any of those risks, he identifies its own cover, limits and exclusions. The words “occupants included” should not replace that reading.
The responsible driver has a different position
Do not transfer the passenger answer to injuries suffered by the driver responsible for the accident. Paragraph 1 also excludes losses deriving from that driver’s injuries. Being related to the driver does not turn a claim arising from those injuries into an injury directly suffered as a passenger.
Paragraph 3 has a further specific rule: where one of the persons it refers to dies as a result of the accident, the person responsible for the accident cannot receive compensation. These distinctions require care in an actual claim. An educational story cannot determine fault, beneficiaries, non-financial loss or a payment amount.
Ask about the correct person and loss
When preparing to compare proposals, record who drives, who travels and the actual question: an injury of one’s own, damage to an item or another form of protection. Request the provision or cover used in the response. If it merely says “relatives excluded”, ask which type of damage it means.
To review future protection, select Automóvel under Request a quote at RMACHADO. For an accident that has already happened, use policy support and follow assistance and claims instructions. Emergency care comes first; names, documents and medical information belong in the private channel, not social comments.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Identify driver and passenger separately.
- Distinguish own injury, loss deriving from another person’s injury and property damage.
- Read all four paragraphs of Article 14 and relevant optional covers.
- Keep an answer identifying the exact person, loss and reference.
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.
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.