Whether you're a seasoned traveler or a first-time international driver, understanding the intricacies of making a claim after a car accident in a foreign country is crucial. Such incidents can range from minor to more severe collisions, and they often come with their own set of challenges, including language barriers, unfamiliar legal systems, and varying insurance regulations.
A car accident abroad refers to any traffic collision that occurs in a foreign country involving a UK resident.
Car accidents abroad are on-road collisions and accidents which happen while driving in a foreign country. Among the things that could happen are:
Injuries that could develop following accidents might include whiplash, broken bones or, in extreme cases, the loss of arms or legs.
Making a claim for a car accident abroad is complex and like an accident in the UK, it is important that any car accident was not your fault. Additionally, since the UK's withdrawal from the European Union, there have been notable changes in the way car accidents abroad are handled. The European Health Insurance Card (EHIC) has been replaced by the UK Global Health Insurance Card (GHIC) in Europe, impacting the provision of healthcare services following an accident. Additionally, changes in insurance regulations may affect how claims are processed.
Although it may be possible to pursue certain foreign accident claims in the Scottish courts, the time limit for bringing a claim may be governed by the law of the place where the accident happened. The foreign time limit may be shorter than the Scottish time limit of three years and you must take advice as quickly as possible. In addition, the damages which can be recovered may be regulated by the law of that country rather than by Scottish law.
You can make a claim for compensation if your foreign car accident happened in Europe, or if you were injured in a vehicle while on a journey organised as part of a package holiday outside of Europe. Compensation claims for foreign car accidents in Europe are settled in UK courts and (currently) protected by EU law.
If you were involved in an accident with an uninsured driver in an EU country, it may be possible to claim through the Motor Insurers' Bureau to pursue compensation. You could be able to claim through the equivalent organisation in the country your accident happened in but this is subject to specific advice.
If your accident happened in a non-EU country, who you claim against will depend on the situation. Your solicitor will offer you further guidance once they know what happened to you.
Gather Information: Collect all relevant details at the accident scene, including the names and contact information of involved parties, insurance information, and any available witness statements.
Seek Medical Attention: It is crucial to prioritise your health. Seek medical attention promptly, even if your injuries seem minor. Retain all medical documentation, as it will be essential for your claim. Ensure you liaise with any insurance company you have in place for health cover.
Contact Local Authorities: Report the accident to local law enforcement and obtain a copy of the police report. This document can provide valuable evidence when filing a claim. Google translate can help overcome language barriers.
Contact Your Insurer: Notify your insurance provider as soon as possible, providing them with all the necessary details about the incident. Familiarise yourself with your policy coverage and any amendments following the UK leaving the EU.
Making a claim after a car accident abroad can help and support recovery. Compensation can help with:
Financial Reimbursement: A successful claim can help recover costs associated with medical expenses, vehicle repairs, pain and suffering as well as trauma arising from the accident as well as other related losses.
If you or a loved one has suffered from a road accident abroad, don't hesitate to contact us. We offer a free initial consultation to evaluate your case and discuss your legal options. Let us help you seek justice and hold those responsible accountable for their actions. There are time scales and you should contact us as soon as possible to investigate an action for you
Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.
Our solicitors understand the complex and long-lasting challenges posed by injuries arising from accidents abroad.
If you or a loved one has experienced an injury reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.