Many people are not aware that you can make a claim for injuries sustained in a road traffic accident which happened abroad.
If you are injured on a package holiday as a result of a driver acting in the course of his duties, you are usually entitled to pursue a claim against the tour operator in the UK.
If you were driving your own vehicle in Europe, and an accident occurred involving another driver from the European Economic Area, then you are protected under European laws and depending on the circumstances of the accident, may be entitled to compensation.
It is compulsory for all European insurers to appoint a UK representative to handle a road traffic accident claim on your behalf, meaning that you can pursue a claim in the UK with the assistance of UK lawyers.
Changes in the law mean that your losses will now also be assessed as if the accident had occurred in England and Wales. This makes it easier to calculate your losses and is often more favourable as foreign courts generally award less compensation.
Even if the other driver is uninsured, you may still be able to obtain compensation from the Motor Insurers Bureau (MIB), an organisation which provides compensation for victims of accidents caused by uninsured and un-traced drivers. European laws allow the MIB to deal with a claim as it would if the accident occurred in the UK and the offending driver was uninsured.
If you are involved in a road traffic accident abroad, both you and the other driver should exchange details, usually by way of a document called a Constat Amiable or European accident statement. This document should only be signed if you agree that the content is correct, as it is legally binding. Both parties should receive a signed copy of the document. Legal representation in the UK should be sought as soon as possible, as the deadline to bring a claim varies in each country.
How Nelsons Can Help
If you have been injured in a road accident abroad and would like to discuss a compensation claim, please contact us via our online form or call 0800 024 1976 and a member of our specialist Personal Injury team will be happy to help.