The Mercedes Sprinter van which crashed head-on into an Italian meat lorry, causing the death of 12 Portuguese travelling from Romont in Switzerland to Portugal, was registered for only six occupants.
Reports suggest that the Mercedes had been adapted to seat passengers on folding chairs placed in the loading space, which is in breach of the insurance conditions.
The insurer legitimately can refuse to pay out but the families of the victims can apply for compensation from Portugal’s Automobile Accident Guarantee Fund.
The insurance for the French registered 2008 Mercedes was in the name of Arménio Pinto Martins and in a quirk of normal insurance practice, if the passengers knew the vehicle had be adapted, neither the insurer or the Guarantee Funds are liable.
The 19-year-old driver, Ricardo Pinheiro, has been transferred to a psychiatric unit where his doctors have refused access to investigators as he is is sedated and suffering from deep shock, as is his uncle who owned the Mercedes and who was following in another vehicle.
On Friday, the chaplain of the Portuguese Communities in France and the Portuguese Consul tried to visit, but were refused access.
French authorities have examined the wreckage of the van to determine if it was fitted with folding chairs, as they suspect. They are to rebuild the vehicle to see the seating arrangements but have said the vehicle clearly was not suitable for public transport.
The victims' families have arrived near the scene of the accident in Moulins, France where medical and psychological support unit has been installed.
The Secretary of State for Portuguese Communities, José Luis Carneiro, said that on Tuesday the bodies could be released for repatriation on Tuesday, adding that the Portuguese State has offered support but the families of eleven of the victims have chosen to take on the responsibility for the transportation of the bodies of their loved ones.
