Nolan Mortimer considers how easy it is to make a claim following a road traffic accident in Europe
Accidents Happen! It’s a fact of life. With more and more cars on the road, there are more road traffic accidents.
Also, with more mobility, especially within the EU, more Brits are involved in accidents in Europe. Of course, as much as we don’t like to admit it, many are the fault of the Brits on the foreign roads. However, that’s not always the case.
What if you're injured and it's not your fault?
Sadly, many people get injured in motor accidents abroad. With motor insurance being compulsory throughout the EU, many people will want to make a claim for their injuries and other losses. The law has recently changed and it is now easier to do this.
Where can I sue?
In the past you had the option of pursuing a claim against the driver at fault in his home EU state, or the place where the accident happened. Often, this leaves you at the mercy of the courts in another EU country. The downside is that the claim is subject to the laws of that country and you also get compensated according to the levels awarded there. As a rule of thumb, the levels of damages abroad are lower than the UK (NB: there are always exceptions).
More importantly, it’s rare to recover your legal costs abroad. Therefore, you could find yourself in a position where you spend more on legal costs than you could hope to recover in damages.
A recent development means that a claim can now be pursued in the Claimant’s home EU state directly against an insurer, provided that the insurer is based in the EU.
So for example, you travel to Spain and whilst driving, a careless local drives into your car and you're injured. You have the option to pursue a claim either in Spain or (assuming you're resident in England) through the English courts.
The Benefits?
The benefits are that the levels of damages are in line with those awarded in the Courts here and also the legal costs should be recoverable.
This means much better access to justice for Brits injured in a road traffic accident in Europe.
Of course, there are complexities and these claims are not straightforward – but they are possible!
If you’ve been involved in a motor accident in Europe and would like free advice on the matter please get in contact with Nolan Mortimer on 0208 296 6825 or e-mail at Nolan.Mortimer@colemans-ctts.co.uk.