The 4th & 5th European Union Motor Insurance Directives make it possible, and simpler, for UK motorists who have had a car accident abroad in an EEA state to pursue a claim for personal injury compensation. However, if you were hurt in a car accident abroad in a country outside the EU you may still be able to make a claim.
Macks Solicitors can advise and assist in the processes involved in making a claim for compensation for a car accident on holiday or any car accident abroad. Our skilled solicitors can ease the process of making a claim whilst still ensuring that you receive the maximum amount of compensation that you are entitled to.
The following information will explain what you should do if you are unfortunate enough to have had a car accident on holiday and how we can help. We have also provided valuable advice on driving abroad and how you can minimise the chances of having a car accident abroad place.
Insurance Policies
Whether you intend to drive a hire car or your own vehicle whilst on holiday, the most important thing to sort out before you go abroad is the insurance that will be covering you whilst you are away. Do not assume that the policy covering you in the UK will automatically be valid in a foreign country.
As a rule, all UK insurance policies will automatically cover you, at no extra cost, for third party insurance in any other EU country. This is the minimum cover you are required to have in order to drive, but this may not include the cost of breakdown recovery, any medical expenses you might incur, accidental damage to your vehicle or insurance against theft and break-ins.
If your policy cover is insufficient and you do have a car accident abroad, you as the driver will be held personally liable for the excess costs. Therefore, check with your insurance company before you leave exactly what your policy covers you for, and if necessary, change it accordingly. Bear in mind that buying extra insurance once abroad is often more costly than purchasing it when still at home.
Similarly, if you are hiring a car, make sure you know before you leave exactly what your insurance is covering you for. Many drivers are surprised to discover that often, damage to the tyres, wheels, roof, windscreen or undercarriage are not covered by their insurance and that they will be charged accordingly if any of these features suffer scratches, dents, rips, chips or breakages.
The Green Card
The Green Card is an internationally recognised document that proves you have the minimum insurance cover required for the country you are driving in. It does not, in itself provide you with insurance cover but it is an important document to take with you, especially if you will be driving anywhere outside of the EU, as it will make things easier to sort out if you have a car accident on holiday abroad.
Check with your insurer to see if the country you are travelling to requires you to hold a Green Card. If you do not take one abroad with you, you should still take your motor insurance certificate (this applies to cars being driven inside and outside of EU countries). European and Middle-Eastern Countries which currently require you to hold a Green card are:
Albania
Belarus
Bosnia – Herzegovina
Iran
Israel
Macedonia – Former Yugoslav Republic of
Moldova
Morocco
Russia
Serbia and Montenegro – Union State of
Tunisia
Turkey
Ukraine
Wherever you are travelling however, it is essential to check with your insurer what the insurance arrangements are for each country, even if it will not be your first visit, as such laws may change very quickly.
What to do in the event of a car accident abroad.
If you are unlucky enough to have a car accident abroad, there are several things you should immediately do to deal efficiently with the situation. On the whole, you should treat things as if you were in the UK which means:
Immediately contacting the emergency services if the car accident is a serious one, and then your insurance company. You should have the company’s contact details readily to hand at all times when you are in the car.
Even if the car accident abroad is not a serious one, it is the law in most European countries that the police must be involved in every accident involving a foreign car, so you should still contact emergency services even if no one is hurt.
Staying at the scene of the car accident abroad accident until you have spoken with both the police and the parties involved. Do not admit liability and only sign the European Accident Statement when you are clear in your own mind what it is saying as this is a legally binding document. If you cannot understand what is being said because of linguistic barriers, it is your right to request an interpreter.
Taking down the details of people involved in the accident and any witnesses as quickly as possible. This includes names, addresses and car registration numbers. You should also take photographs of the accident, as these will massively help the speed and efficient handling of your case.
How to Make a Claim
Until quite recently, claiming for personal injury in a foreign country was a lengthy and frustrating process where claimants often did not receive the compensation they were entitled to because of linguistic and cultural barriers. Now however, laws have been passed by the European Union to make claiming compensation for a car accident abroad much simpler.
These laws are known as the 4th and 5th European Motor Insurance Directives and they lay down the rules which all Member States of the Union abide by, concerning motor insurance. They oblige all persons driving in a member country to have proper insurance and allow insurance companies to operate freely between member states. This means that as long as you are driving in one of the following countries, you will be able to make a claim as easily as if you were in the UK.
Member States of the European Union as of 2009 are:
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom
What Do The Fourth and Fifth Directives Entitle You To Do?
Broadly, the directives allow you to:
Receive treatment similar to that you could expect in your own country, which may involve your insurance arrangements being supplemented, and having an insurance professional from your own country representing you. In light of this, Member States often have representative professionals present in every other Member State.
Have a three month time limit allotted to your case from the moment it is submitted which allows you to receive compensation with interest if you have not received payment by the time it expires. This may be due to unnecessary delays or someone else’s negligence. This compensation will be awarded you by an independent body.
Immediately access information relevant to making a claim through a system of information centres set up by all Member States. These centres collaborate with each other to provide you with details of insurance companies in your country of origin as well as the country in which you had an accident. When it is appropriate, an information centre may also give you the name and address of the parties who caused the accident. These details will be available to you for a period of seven years after your accident.
The directives also cover accidents that may affect other road users such as pedestrians or cyclists, so that if you are involved in an accident where damage is caused to someone who was not in a car, the motor insurance of the party at fault will have to compensate them.
Minimising The Risk Of Accidents
It may sound obvious, but if you intend to drive at all whilst you are in a foreign country, familiarise yourself with the motor laws specific to that area. For example, you should check what the national speed limits are, and what their drink driving limit is. It is well to note that in many European countries, the laws on drink driving are much harsher than in the UK and a conviction may invalidate your insurance policy.
If you will be driving your own vehicle, make sure it has been fully serviced before you go. If you are hiring a car, take a few minutes to familiarise yourself with the controls before you drive away.
Follow the same rules as apply in the UK: Don’t use your mobile when driving, make sure you take regular breaks, always wear a seatbelt and ensure you can see into all your mirrors and out of the back window at all times.
Drive in a defensive and alert manner – driving styles in other countries may be very different to those in the UK.
Some Final Advice
If you are planning to take your own car, check that it is fully equipped to drive in your destination country – some European countries require you, by law, to carry items such as a first aid kit, fluorescent jacket or a fire extinguisher. If you are found by the police to be lacking these objects you, as the driver, will be held responsible for their absence and dealt with accordingly.
Check your destination country’s age limit regarding drivers and be aware that in some countries, such as Spain, there is a maximum age limit as well.
Bear in mind that Provisional Driving Licenses are only valid in their country of issue, as they are issued within the national driver training framework. They will not allow you to drive in any foreign countries.
If you plan to hire a car, you will need to take with you a credit card, a full driving licence (paper counterpart included if a photographic ID) and some other form of identification such as your passport. Ensure you have these with you before you leave.
When hiring a car, check it over in the presence of a company employee before leaving the lot, making a note of any scratches or damage already present so you are not charged for them on your return. Likewise, when you return the car, check it again and make sure it is noted down in writing that the car was returned in an acceptable state.
Make sure you know what the arrangement is for petrol – will you receive the car with a full tank and have to return it in a similar state? Bear in mind that refuelling at the hire lot will probably be more expensive than filling up at a local station.
With some hire companies, there may be additional costs to your purchase. These could include:
• extra fees for drivers under the age of 25, and for additional drivers;
• VAT added to the rental price
• cleaning costs that are often charged as an extra, but should be included in the overall hire charge
• additional road-use charges (other than tolls) that may be applied in some countries such as Italy
• service and refuelling charges (customary if refuelling rules are not observed)
• extra costs for accessories such as child seats
Coach Holiday Accident
Coach travel is a firm favourite among the British holidaymakers especially among individual travellers as it allows them the opportunity to travel ‘alone’ but still in the safety and sociability of a group. Coach tours and holiday journeys account for 60% of all coach travel in Britain.
In the UK coach companies and drivers must follow certain regulations in an attempt to lessen the risk of coach accidents and ensure the health and safety of their passengers. The measures include speed limiters set at 65 mph, seat belts for every seat and a ban on using the third lane on motorways. If these are followed then many coach accidents can be avoided or at least the severity of the injuries could be reduced.
Although coach tours save you from the stress of driving, getting lost and driving on the “wrong” side of the road, coach accidents do occasionally happen. Some resorts, such as ski resorts in mountainous areas, are difficult to get to with tight hairpin bends which are difficult to negotiate by coach and snow can be a lethal weather hazard for even the most experienced driver.
Some European countries are renowned for their haphazard parking and driving and coach accidents as a result of these cannot always be predicted or avoided.
Making a claim for a coach holiday accident
Whether the accident was the fault of the other driver or the driver of the coach on which you are travelling, as a passenger you cannot be at fault. Therefore, if you suffered injury as a result of a coach accident you should be entitled to pursue a claim for compensation.
Following a coach accident, the coach company may make you an offer of compensation straight away. If they do it is advisable to take legal advice from an independent solicitor before accepting, however tempting this offer may seem. The reason being, if the coach accident was the fault of the driver of the coach on which you were travelling, the coach company’s insurers will want to try to reduce the amount they will have to pay out. The amount they offer may therefore be less than you could receive if your coach accident claim was put into the hands of your own solicitor.
This firm has many years experience of handling claims for coach accidents that have occurred in this country and abroad. Our skilled solicitors have recovered substantial sums in compensation for the victims of coach holiday accidents, some of whom have suffered life changing injuries such as spinal and head injury.
We are an independent law firm. Our solicitors do not work for insurance companies or take referrals from claims companies so our clients can trust the advice they receive from us to be in their best interests.
If you would like to speak to an expert solicitor free and without obligation call us now. We act for clients on No Win No Fee terms and guarantee that clients keep 100% of their compensation and, win or lose, will have nothing to pay.
