Repatriation is an organised transport back to the Czech Republic – it can be the return of a sick or injured person, the transport of the body of the deceased, but also the repatriation of property, typically a car that is not running after an accident or breakdown abroad. This is not an automatic legal entitlement. Repatriation is usually only covered by the insurance company if it is covered by the policy and the procedure has been pre-approved by the assistance centre; without insurance or outside its limits, the costs often fall on you or the family and can be very high. In the case of transporting the deceased, there are also obligatory documentation and hygiene rules, and in the case of a car, beware of situations where the insurance company pushes for “ecological disposal” abroad – approval may mean that you cannot get the vehicle back.
What is repatriation and when is it used
The term repatriation generally refers to repatriation. In a legal and practical sense, it is the organised transportation of a person, remains or property back to the home country. Repatriation is most often encountered in the following situations:
- serious illness or accident of a Czech citizen abroad,
- death outside the Czech Republic,
- evacuation from a crisis area(war, natural disaster),
- repatriation of a vehicle after an accident or breakdown abroad.
Repatriation almost always has an international dimension and is subject to the laws of several states simultaneously. Travel insurance, consular protection and sometimes European social security coordination regulations play a crucial role.
It is important to distinguish who provides repatriation. In normal cases, it is the insurance company’s assistance service. In crisis situations, repatriation can be organised by the state through the Ministry of Foreign Affairs. However, if the person does not have insurance and it is not an emergency, the costs are often borne by the family or the citizen themselves.
From a legal point of view, the key point is that repatriation is not an “automatic entitlement by law” – in most common situations it is a contractual benefit under the terms of travel insurance or assistance. Without insurance or outside the scope of insurance, repatriation is usually dealt with at your own expense. The specific terms of the contract with the insurer or the circumstances of the case are decisive.
Not sure if you are entitled to repatriation? We will be happy to review your insurance terms and conditions and let you know what you are entitled to.
Repatriation in case of illness or accident
Medical repatriation occurs when a patient’s health condition allows them to be transported to the Czech Republic, but at the same time it is not advisable or economical to continue treatment abroad. The decision whether repatriation is possible is made by the attending physician in cooperation with the assistance service.
Transportation may be by a normal flight with a paramedic escort, by ambulance or by special air transport. The cost can range from tens of thousands of crowns to sums in excess of one million crowns, especially for air transport outside Europe.
Travel insurance plays a crucial role at such times. This usually includes repatriation as part of the medical expenses. Problems can arise with insurance exclusions and limitations – typically if the injury is proven to be related to alcohol or drugs, for example, or if you take part in risky sports without additional insurance or otherwise breach the terms of the insurance. The specific scope always depends on the contract and the policy conditions.
Recommended procedure for hospitalization abroad:
- contact the insurance company’s assistance service immediately,
- do not pay large sums without consultation,
- request complete medical documentation.
In the past, we have dealt with a situation where the insurance company refused repatriation, citing the care available locally. However, this is not always justified. If in doubt, have the terms of the contract legally checked.
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Repatriation of the deceased from abroad
The death of a loved one abroad is an extremely challenging situation, not only emotionally but also administratively. Repatriation of the body to the Czech Republic is subject to strict hygienic and international rules.
It is necessary to ensure:
- local death certificate,
- a certificate of the cause of death,
- permission to transport the remains,
- official translations of documents.
In practice, a special permit/certificate is often also required for the transfer of human remains (depending on the rules of the specific country and mode of transport). The regime is usually simpler for the urn than for the transfer of the body, but here too, carriers and authorities may require certain documents.
The transfer itself is usually organised by a specialised funeral service in cooperation with the consulate. In some cases, it is possible to carry out the cremation abroad and transport only the urn, which is administratively simpler and cheaper.
The cost of repatriation can range from tens of thousands of crowns to several hundred thousand crowns, depending on the distance and method of transportation. If the deceased had travel insurance, these costs are usually covered by the policy.
We also encounter disputes where the insurance company refuses to pay, for example, because of alleged concealment of a medical condition. In such cases, the person concerned cannot do without legal assistance. We can help you communicate with the insurance company and foreign authorities and see that the transfer is in compliance with the law.
Vehicle repatriation: when you are entitled to it
Vehicle repatriation means transporting a non-roadworthy car back to the Czech Republic. It most often occurs after a car accident or serious breakdown abroad.
It is important to distinguish between normal assistance (towing to the nearest garage) and repatriation of the vehicle to the Czech Republic. As a rule, the right to repatriation of the vehicle arises from:
Insurance companies have set limits – for example, a maximum towing distance or a financial ceiling. If it would be economically unviable to repair the vehicle, the insurance company may decide to dispose of the vehicle abroad instead of transporting it.
The problem may arise when the insurer assesses the vehicle abroad as a total loss or economically unrepairable and suggests its on-site environmental disposal. If the owner agrees to this, the vehicle is disposed of and cannot be transported back to the Czech Republic. Many people do not realise that by agreeing to the disposal, they definitely give up the possibility of repatriating the vehicle.
Moreover, the insurance company’s procedure is not always correct. The insurance company is obliged to clearly inform the client about his/her options – for example, whether the vehicle can be transported to the Czech Republic, how much repatriation would cost and what the limits of indemnity are. If the insurance company fails to provide this information or misleads the client, its actions can be legally challenged in some cases.
We therefore recommend:
- request a written justification from the insurer as to why it proposes liquidation,
- not to agree to an environmental disposal under time pressure,
- before travelling abroad, check what limits your breakdown assistance service has for repatriating the vehicle.
Tip for article
Are you dealing with a dispute regarding the repatriation of your vehicle or has your insurance company refused to reimburse you for the transportation of your car back to the Czech Republic? Contact us. We will prepare a claim for you and help you exercise your rights.
Who pays for repatriation
The question of who will pay for repatriation usually comes at a time when the family is dealing with much more serious matters than finances. But money can make the situation even more complicated.
If you have a valid travel insurance policy, repatriation of the person (and, unfortunately, transport of the body of the deceased) is usually a standard part of the cover.
For vehicle repatriation, it depends on how much assistance you have arranged. Basic packages often only cover towing to the nearest garage, not transporting the car back to the Czech Republic.
If your employer has sent you abroad on a business trip, it’s common for them to also provide insurance and cover for your return in the event of serious illness or injury. However, the extent of their liability depends on the specific circumstances and type of posting.
In the event of a crisis, such as war or a natural disaster, the state may organise repatriation. Even here, however, everything may not automatically be free. In some cases, the State may subsequently require reimbursement of costs.
The most difficult scenario occurs if insurance has not been arranged or the insurance company refuses to pay. Repatriation can then run into tens or hundreds of thousands of crowns. In practice, we encounter families who must first cover the costs out of their own pocket, often at a time when they are dealing with an acute medical condition or the death of a loved one.
The good news is that the insurance company’s refusal does not have to be final. A legal review of the insurance policy will often show that the benefit was denied improperly or at a lower amount than the terms and conditions. That’s when it makes sense to fight back. If you need help, contact us.
Insurance companies have strong legal backgrounds. Clients often find themselves in an unequal position. If we intervene early together, we can significantly increase the chances of success. And if an insurance company has refused to pay for repatriation, it doesn’t automatically mean they are right. Each case has an individual solution.
Summary
Repatriation means the organised return of a person, the body of the deceased or property back to the Czech Republic and is most often dealt with in cases of serious illness, injury, death abroad or when a car is not drivable and repatriation is necessary. This is not an automatic claim – it always depends on the specific terms of insurance, the type of assistance and the circumstances of the case. Medical repatriation must be assessed by a doctor in conjunction with the assistance service and without prior approval from the insurer, reimbursement may be problematic. The transportation of the deceased is subject to strict administrative and hygiene rules and can cost tens to hundreds of thousands of crowns. In the case of vehicle repatriation, there is a crucial difference between a normal towing and the transport of the car back to the Czech Republic; the limits of the agreed assistance are decisive and the client should not unthinkingly agree to the ecological disposal of the car abroad. The costs are usually covered by the insurance company or employer during a business trip or by the state during an emergency evacuation, but without insurance they may fall directly on the family. If the insurance company denies or cuts benefits, they may not always be right – a legal review of the contract will often reveal a way to defend yourself.
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Tip: We all look forward to holidays, but sometimes situations come up that make them more of a nightmare. Instead of a luxurious hotel, you’re faced with a stuffy room, a lost suitcase, illness, an airport strike, or even a travel agency going out of business. Read on to find out how you can deal with this situation and what you’re entitled to when your holiday goes wrong.
Frequently Asked Questions
Does repatriation always have to be approved in advance by the insurance company?
In most cases, yes. If repatriation is to be covered by travel insurance or assistance services, the assistance centre must be contacted first to discuss the procedure. If the client arranges his/her own transportation without prior consent, the insurance company may subsequently refuse to pay the costs or only pay part of them. Exceptions may arise in acute situations where it was not possible to contact the insurance company in time, but even then everything must be properly documented.
Is repatriation valid within the European Union if I have a European Health Insurance Card (EHIC)?
The European Health Insurance Card covers essential healthcare in state institutions, but not repatriation to the Czech Republic. Without commercial travel insurance, the cost of transport back to the home country is usually borne by the patient.
Can I refuse repatriation if I do not agree to return?
Yes. If the patient is conscious and able to make decisions, he cannot be forced to repatriate. However, in some cases, the insurance company may refuse to continue to cover treatment abroad if the doctor assesses that transfer to the Czech Republic is medically possible and appropriate. In the case of minors or persons who are incapable of making decisions, the legal guardians and medical regulations of the country in question play a role.
What if the vehicle is damaged during repatriation?
If the car is transported by a towing or shipping service and is damaged during transport, a claim for damages may be made against the carrier. The key is to document the condition of the vehicle prior to transport (photographs, handover report). Liability is assessed according to the contract terms and transport regulations, often in an international regime.
Can the insurance company claim the cost of repatriation?
Yes, in certain situations. For example, if it is proven that the client has breached the insurance conditions (e.g. concealed a medical condition or was under the influence of alcohol), he/she can make a so-called recourse claim and claim reimbursement of the amounts paid. However, each such claim must be assessed individually – the insurer cannot automatically claim recourse without a legal basis.