Injured in a Traffic Accident in Brazil: What Foreign Victims Can Recover

Whether you were a passenger, a pedestrian, a driver, or on a motorcycle, a traffic accident in Brazil leaves a foreign visitor with the same urgent question: who is going to pay for this? This page explains how traffic-injury claims work for foreigners, and, just as importantly, how to find a defendant who can actually pay.

Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed June 2026.

This is general information, not legal advice. It can’t tell you whether you have a claim — only a formal consultation with a licensed Brazilian attorney can do that, after reviewing your facts.

Can a foreigner claim for a traffic accident in Brazil?

Yes. You have the same right to compensation as a Brazilian, and you can pursue it from home through a power of attorney, with hearings held by videoconference. What you can recover are your material losses (medical care, lost income, and future earnings if you can no longer work) and, in serious cases, modest moral damages.

Does DPVAT (the old no-fault insurance) still help?

Largely no, not for recent accidents. DPVAT was Brazil’s mandatory no-fault insurance that paid a small fixed amount to anyone injured in traffic, regardless of fault. It has been wound down: no premium has been charged since 2020, and the fund now pays claims only for accidents up to 14 November 2023. The amounts were modest even when it operated (around R$13,500 for a death, up to R$2,700 for medical costs). For a current accident, you should assume DPVAT is not a meaningful remedy and focus on private insurance and a civil claim instead.

Who pays when the driver has no money or insurance?

This is the heart of a Brazilian traffic case. Roughly seven in ten vehicles on Brazilian roads are estimated to carry no private insurance, and an at-fault driver with no assets can make even a clear case uncollectible. The strategy is to find a deeper-pocketed, ideally insured or institutional, defendant with a real connection to the crash:

• Carriers (a bus or coach line, a taxi) are strictly liable to their passengers, and the fault of another driver is not a defense.
• App rideshare platforms (Uber, 99) are increasingly held responsible to injured passengers too, though this is not yet settled at Brazil’s higher courts, so the practical move is to pursue the driver, the vehicle’s owner, and the platform together.
• City bus and metro operators can be liable even to a pedestrian or cyclist they hit, not just to fare-paying passengers.
• Rental-car companies are jointly liable for damage a renter causes to others.
• The vehicle’s owner can be liable for lending the car to the at-fault driver.
• Employers (a trucking or delivery company) answer for crashes their drivers cause on the job, which is often the best target of all.

One practical trap worth knowing: if the at-fault driver does carry private liability insurance, you generally cannot sue the insurer by itself (a rule known as Súmula 529), you sue the driver (or owner) and bring the insurer into the same case.

Treat the points above as general orientation, not a verdict on your situation. Whether your specific case is viable can only be assessed by a licensed Brazilian attorney.

Book a consultation with a Brazilian attorney

Tourists: rental cars, scooters, and being a pedestrian

The scenarios we see most with foreign visitors are car crashes, pedestrians struck in crosswalks, and rented-scooter or motorcycle accidents. These can be strong cases when there is a solvent defendant — an insured driver, a rental company, a transport operator — but they need to involve substantial injuries and losses to be worth pursuing. We will tell you honestly where a matter falls.

What to do right after a crash

If you are able, this is what protects a future claim:

• file a police report (boletim de ocorrência);
• get the other driver’s and vehicle’s details — name, CPF, driver’s license (CNH), registration (CRLV), the registered owner, and any insurance;
• collect witness names and contact information;
• photograph the scene, the vehicles, and plates; and
• keep all SAMU and hospital records. For a rideshare, screenshot the trip, the driver, plate, route, and receipt.

How we handle your case from abroad

With a power of attorney we run the case end to end: identifying every collectible defendant, gathering the police and medical records, and appearing at hearings. Documents from your country must be apostilled and sworn-translated, and the plaintiff funds the case as it proceeds, since Brazil does not use pure contingency. And if you win, court-awarded attorney fees go to your lawyers as extra compensation, not to you. We are dual-qualified, work in fluent English, and representing foreign citizens in Brazil is the core of our practice, not a sideline.

Talk to us about your accident

If you were seriously hurt in a Brazilian traffic accident, a consultation lets us review the facts, identify who can actually pay, and tell you honestly whether the case is worth pursuing.

Book a consultation with a Brazilian attorney

Please don’t act, or decide not to act, based on this article. It is general information, not legal advice, creates no attorney–client relationship, and whether you have a viable case depends entirely on your specific facts, which only a licensed Brazilian attorney can assess.

Frequently asked questions

Is DPVAT still paid?
Only for accidents up to 14 November 2023. For more recent crashes, assume it is not available and rely on private insurance and a civil claim.

Who do I sue if the driver was uninsured?
You look for a connected, solvent defendant — a transport carrier, a rental company, the vehicle’s owner, or the driver’s employer — rather than only the individual.

Do I have to be in Brazil to bring the claim?
No. We handle it for you under a power of attorney, with videoconference hearings.

How long do I have to file?
Transport-related injuries are often treated under a five-year consumer-law window, but treat the clock as already running and seek advice early.

Related: Personal Injury in Brazil for Foreign Citizens · How Much Does a Lawsuit Cost in Brazil · Paying Your Lawyer on Results · If the accident was fatal: Wrongful Death & Repatriation · Tourist & Adventure Accidents