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Claiming compensation for a road traffic accident in an EU country - A Guide for UK citizens
Becoming involved in a road traffic accident abroad can be a stressful predicament to be in. The immediate focus is to address any injuries and it is often not until much later that the question of compensation arises.
This guide explains what you should do if you are involved in a traffic accident and how to make a claim, plus the considerations you should think about beforehand.
Click on a link to that section:
Here is what you should do immediately following a road accident
Before you travel, make sure you are up to date with your knowledge of EU driving laws
What happens when you start to make your claim
Find out more about Brexit’s impact on road traffic accident claims in the EU
Before you make a claim, there are a few points you need to be aware of
Here’s how our experienced team can help
We answer the most common questions about road accidents in the EU
What to do at the scene of the accident
When you're involved in a road accident, shock and panic are highly likely to be your first reactions. Following an accident abroad, it is vitally important to remember to gather as much evidence as possible in order to start building your claim. Beforehand, you should check for any casualties and fatalities; always put your health first. Evidence and information you should collect include:
- Make notes on the accident and what happened, including the date and timing
- Photographs of the scene, including number plates and the road vehicles involved
- Exchange insurance details with any other drivers involved
- Get the names, addresses and contact numbers of any witnesses
- Call the police and get a police reference number.
In the immediate aftermath of an accident, it is strongly recommended that you do not admit liability, even if you think that you are to blame, as this may not always be the case and the shock of the accident may obscure your ability to assess the situation. A European Accident Statement (EAS) may have been provided to you by your insurance company, or you may have acquired one at the scene of the accident. Once these steps have been completed, you should seek legal advice as soon as possible.
Things to remember before driving in Europe
No one expects to get involved in road traffic accidents when abroad, but there is always the possibility. If driving your own vehicle, you should contact your insurer at least one month prior to travelling to check to see if you are covered to drive in the EU. It is important that, before you travel that all your documentation is in order and that you have it with you when you travel; it is particularly important to have evidence of your travel insurance if you have been injured.
When driving in a European country, you will need:
- Your driving licence. If you have a paper licence, you will need an International Driving Permit (IDP)
- Your vehicle should have UK identification, usually on the bumper
- A hired vehicle certificate, if needed
- An emissions sticker, if needed.
There may be other requirements, depending on where you're travelling to.
When checking with your current vehicle insurance company to make sure you are insured to drive in the EU, you need to pay for the extra insurance cover if you find you are not covered. Having all of these assets and ensuring they are up to date can make it easier to make a successful claim.
To discuss your case with a qualified solicitor, you can get in contact with us today.
What happens following a traffic accident in Europe?
After the traffic accident, once you have collected the necessary evidence, you should contact your insurer as quickly as possible as some insurance policies are time-limited. You should then seek expert legal advice immediately. Preferably, you should choose a law firm experienced in international law.
The next steps are governed by the factors relating to your accident and circumstances, including:
Whether you own the vehicle in which you had the accident or it was hired
If driving a hire car, you should report even minor incidents to the hire firm and also to the police before you return to the UK, as this can help protect your hire car insurance. Give the hire company a full description of the accident, and do not arrange for the car to be repaired without informing the hire company first.
Whether the other driver was insured
If the accident was caused by an uninsured driver, the Motor Insurers Bureau (MIB) compensates victims of accidents involving uninsured drivers or drivers whose insurance details can't be found in the UK. Where the driver is uninsured, the matter can be pursued with their counterpart organisation in the EU Member State where the accident occurred. The victim can apply through their national equivalent of the Motor Insurers’ Bureau (MIB) who will pursue the matter with their counterpart organisation in the state where the accident occurred
How has Brexit altered how you can make a claim?
Following Britain’s exit from the EU, the reciprocal enforcement of court orders across the EU jurisdictions ceased after the transition period ended. Claims that were brought before the end of the transition period are unaffected. New claims are either dealt with under the laws of the country in which the claim is made and will be subject to the time limits and levels of compensation that apply, or if the country is signed up to a Convention that the UK is also party to, or bilateral agreements exist.
Considerations before making a claim
Before you make a claim against another driver in the EU, there are considerations you must clarify with your legal expert. These include:
- Who is likely to be considered liable for the accident? Liability is usually decided in the country where the accident occurred, unless you are involved in an accident with another UK citizen. If the evidence suggests you were at fault, your claim is likely unsuccessful.
- Was the other party insured? As mentioned above, having established that your insurance policy covers you when driving in Europe, there are no concerns. The EU Motor Insurance Directive 2009 obliging all vehicles in the EU and EEA area to be covered by compulsory third-party insurance, and also provides a mechanism to compensate “Visiting Victims” of accidents caused by vehicles in another EU or EEA country. This is implemented through the Motor Insurers’ Bureau who will pursue the matter with their counterpart organisation in the state where the accident occurred.
- Which country were you driving in at the time of the accident? Different EU countries have different laws, compensation amounts and time limits
- What were any other factors at play at the time of the accident? A lack of road signs, the influence of drugs or alcohol, or was a wild animal involved? Were there other factors that could affect your claim and compensation amount?
How Giambrone and Partners can help
Our international lawyers have many years of experience in dealing with personal injury and accident abroad claims, and have extensive knowledge regarding pre and post-Brexit claims. We can analyse your claim and build your case, implementing mediation remedies to avoid litigation in court wherever possible. To arrange a meeting with a member of our team today, you can give us a call or fill out our online form.
Common Queries
Are there any time limits when making a claim?
Any time limits are governed by the respective law in the country in which the accident occurred. EU Member States are governed by primary and secondary law. Primary law is founded on the EU treaties that all the Member States subscribe to. Secondary law relates to the variations in the law found in each country. The secondary law of a country may influence the length of time you have to make a claim. For example, in England & Wales you have three years to make a claim, whereas in Spain, it is usually one year.
How much could I claim?
The amount you can claim depends on several factors, such as the seriousness of the accident, your injuries and who was at fault. Gathering the necessary evidence listed previously can help increase your chances of claiming compensation.
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