If the prerequisites are met, DBGK assumes the obligations of a third party liability insurer for a foreign motor vehicle in Germany. This is the case on the basis of a Green Card or on the basis of the licence plate number for motor vehicles from those countries for which the obligation to carry proof of insurance (Green Card) has been dispensed with. This applies to motor vehicles from member states of the European Economic Area including Andorra, Bosnia-Herzegovina, Montenegro, Switzerland, Serbia and the United Kingdom.
Therefore, DBGK may be claimed against like a third party liability insurer.
Normally, DBGK does not settle the claim by itself, but delegates the settlement of the claim to an insurance company (member) or a private claims settlement organization, these intervening on behalf of DBGK. In assigning claim settlement, consideration has to be given to existing “correspondence agreements” between domestic and foreign insurance companies.
Liability to be sued
If DBGK – as stated above – has assumed the obligations of a third party liability insurer, it may also be sued (Sect. 6, para. 1 of the Law on Compulsory Insurance for Foreigners [AuslPflVersG], Sect. 115 of the Law Concerning the Insurance Contract [VVG]).
Liability to be sued does not apply to member companies/claims settlement agencies entrusted with the settlement. Besides that, there is of course a right to direct action vis-à-vis the driver, the owner and the insurer of the foreign vehicle.
Agent authorized to receive any communications
DBGK acts as an agent authorized to receive any communications only on behalf of the vehicle owner (Green Card holder), but not on behalf of other insureds, such as the foreign insurer or the driver, if not identical with the owner.
If, for procedural reasons, the driver is to be sued as a joint respondent, the action directed against him has to be served at his place of residence, i. e. normally abroad.