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Foreign Claims

There are 2 aspects to this, namely accidents which occur abroad and accidents which involve foreign drivers/vehicles.

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Types of Accident

Accidents Abroad

Where you are involved in a road traffic accident abroad this can raise a plethora of complexities. There is no absolute guide to where a foreign claim should be pursued, just a complicated set of rules that have to be applied to reach a decision. Once the appropriate venue has been decided the appropriate law also has to be ascertained. This is usually the law that applies where the accident occurred, so you may need the services of a local lawyer.

There is no harmonisation of law within either the EU or internationally. That means you cannot assume that just because the other person would be held responsible for your accident in the UK, they will be found responsible elsewhere. In some countries liability may even be determined by the police at the scene. It also means the amount of compensation can vary wildly and legal costs may not be recoverable or may be fixed.

The final core issue is the limitation period varies between countries. Some have a limitation period as short as 1 year. If you fail to commence Court proceedings within that time you may be prevented from pursuing a claim at all.

Where you have been involved in an accident abroad we recommend you contact the Association of Personal Injury Lawyers on 0115 958 0585 to discuss finding a lawyer experienced in claims in the country where the accident occurred.

Accidents with Foreign Drivers/Vehicles

If you are involved in an accident with a foreign driver/vehicle in the UK, then their insurer is likely to have a reciprocal agreement with a UK insurer meaning the UK insurer will handle the claim here. You can therefore contact the foreign insurer to verify who handles their claims in the UK.

Where an insurer cannot be identified, you will need to contact the Motor Insurers' Bureau (MIB). The MIB is the 'deemed' insurer for a number of countries, particularly in the EU, and will accept service of proceedings provided the driver can be identified. If the driver cannot be identified, they will deal with the accident under the Untraced Drivers Agreement irrespective of the origin of the vehicle.

How can Routh Clarke help you?

This area of Personal Injury claims requires a great deal of sensitivity, as it may unfortunately involve a child who has been seriously injured or worse. Nick Routh has a great deal of experience in dealing with road traffic accidents caused by children and understands that it requires tact and sensitivity in gathering evidence and perseverance to bring the claim to fruition, so why not call him today for a no-obligation chat about your accident.