Injured Abroad whilst Driving or as a Passenger
Many of us drive abroad to mainland Europe or hire cars whilst away on holiday, unfortunately some of us are involved in a road traffic accident and as a result sustain an injury.
Previously, to make a claim was a very long and difficult process until 2003, when the 4th EU Motor Directive was bought in. This was passed to help people who have been injured in a road traffic accident whilst in a foreign country to get injury compensation.
How does the 4th EU Motor Directive work?
The 4th EU Motor Directive states that all cars insured in the EU have to be registered on a central database. This means that if you are involved in a road traffic accident, as long as you have the number plate of the vehicle at fault then this can be cross referred against the database to identify the owner and insurance company. This makes the process of making a claim for injury compensation whilst away on holiday far easier against the person at fault for the accident.
The Directive also says that the person responsible for the accident has to nominate a representative in the home country of the person making the injury claim. This means that if you are the person who has the injury, then you can make a claim for compensation in your own country, nominating your own solicitor. This completely eliminates the need to fund foreign representation which can be time consuming, costly and difficult.
Finally, the last part of the Directive states that there has to be someone liable for the holiday accident claim. This means that if there is an identifiable insurance company, they would have to deal with the injury compensation claim made against them. If there is no identifiable insurance company or if that insurance company is dealing with the claim extremely slowly then there must be another body to which you can turn. This body will in effect deal with the injury compensation claim.
To help your case, it can assist your solicitor if you follow these steps, but always check with your solicitor what they require:
- Write down the number plate of the vehicles involved
- Get the details full details of all parties involved in the accident
- Take photos if possible
- Make note of anything occurring to you at the time of the accident
- Obtain medical treatment as soon as possible
- Go to your own GP on your return
If you have suffered an injury as a result of an accident whilst driving or as a passenger abroad, you may be able to make a claim for compensation. Contact Accident Line and we will put you in touch with a local specialist solicitor who will advise you. Alternatively, you can use our find my local 'Injury Solicitors' section and contact your local Accident Line solicitor directly.