Road Traffic Accident Abroad Claims

How to Claim for Road Traffic Accident in The EU

If you are involved in a road accident in a European Union state, you may be entitled to bring a claim for your injuries and damage to your vehicle.

Contact us

Contact

  • “This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market.”

  • “The firm has the ability to handle the most sophisticated and complex matters.”

     

Driving is relatively safe in most EU countries, but accidents do happen and there are rules in place to help you get the compensation you are entitled to.

This page explains what you should do at the scene of the accident and explains how you can start a road traffic accident abroad claim when you return home.

What should I do if I have a road accident in the EU?

If you’re involved in a road accident in the European Union, call the police and ask for a copy of their report or reference number. Ask for an interpreter if you don’t understand what the officer is saying. You should also seek any medical attention you need.

Fill out the European Accident Statement (EAS) if you have one. Your insurance company may have given you this form or one may be produced at the scene of the accident. This form has different names in different countries such as the Constat Amiable in France and the DAA in Spain.

The EAS is a standard form that establishes an agreed set of facts about the accident to help with insurance claims. You can use it to record the date and place of the accident, vehicle registration numbers, driver contact details and your version of events. Only sign the EAS when you’re sure that you understand the situation. Make sure you’re given a copy.

Whether you have an EAS or not, it’s a good idea to:

  • Make notes about what happened in as much detail as you can
  • Get photographs of the scene (licence plates, vehicle damage, injuries, pictures of the road and driving conditions)
  • Exchange insurance details with the other driver
  • Take the names and contact details of any witnesses
  • Don’t admit liability as this could void your insurance and harm your personal injury claim

Do I have to report the incident to my insurer?

Yes, you should contact your insurer as soon as possible. Certain policies have a time limit for reporting incidents, even if you are making the report for ‘information only’ and do not wish to make a claim.

If you were driving a hire car, contact the hire company as soon as possible. Rental companies have their own procedures for dealing with insurance companies and anyone else involved in the accident. Once you are home, write to the company with a full report of the incident.

Which law is applicable to European Union road accidents?

It depends on how you booked your holiday. If the accident happened while you were travelling in a hire car that was included as part of a package holiday, and the accident was not your fault, you can make a holiday accident claim against the tour operator under the Package Travel, Package Holidays and Package Tour Regulations 1992.

This means you can make your claim in the Courts of England and Wales, even though the accident occurred in the EU.

If you booked your car hire independently, or you were travelling in your own car, then different rules apply. You may still be able to start a personal injury claim in England and Wales, regardless of the nationality of the other driver or where the accident occurred. However, your claim will be governed by the law of the country where the accident happened. Sometimes, it may be beneficial to make your claim abroad.

Overseas accidents can be complicated, so it is important to get help from an experienced personal injury solicitor to ensure the claim is managed effectively from the outset.

Who can I claim against?

The claim will be against the person whose actions or negligence caused the accident. This will depend on the circumstances, but could include:

  • The tour operator, for road accidents that occurred as part of a package holiday
  • The other driver and their insurers, for collisions where the other driver was at fault
  • The authority responsible for road maintenance, where your accident was caused by the condition of the roads

What if my accident was a hit and run?

As the victim of an uninsured driver or a hit-and-run, you may be able to claim compensation through the foreign equivalent of the Motor Insurers Bureau. Your solicitor will explore this possibility with you when deciding whether you are able to make a claim.

Claims must be brought in the EU country where you had your accident. The laws of that country will also determine how much compensation you receive.

How do I make a claim for a car accident in Europe?

The first step is to seek legal advice from a solicitor who is experienced in European traffic accident claims. Do this as soon as possible after you get home. Your claim may be under a different time limit to the UK, so it is really important to act quickly.

You can only claim compensation for your EU traffic accident if you can prove that you were not the person at fault. This can be complicated. Often, the other driver’s insurers will seek to prove that you were wholly or partially responsible for the accident because you did not understand the driving laws in the country.

As specialist EU traffic accident solicitors, we can go through your case and tell you if you have a claim, and alert you to any pitfalls you may encounter. We can also make a rough estimate of what you could potentially be owed. Get in touch with our friendly solicitors and we will be happy to advise you further.

 

Speak to us about a Road Traffic Accident Abroad Claim

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    • "Osbornes always provides work of excellent quality and the advice is sound."

      Chambers UK 2023

    • "The firm has the ability to handle the most sophisticated and complex matters."

      Chambers UK 2023

    • "Osbornes is always client-focused and works tirelessly to obtain the best outcomes."

      Chambers UK 2023

    • 'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'

      Legal 500 2023

    • "They are a boutique firm with highly experienced partners who are well-respected in the industry."

      Legal 500 2023

    • "The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."

      Legal 500 2023

    • "A really first-rate team, well capable of dealing with the most serious and complex injuries."

      Legal 500 2023

    • "This team has carved out an exceptional reputation in catastrophic injury work."

      Legal 500 2023

    • "Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."

      Legal 500 2023

    • "This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."

      Legal 500 2023

    • "Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."

      Legal 500 2023

    • "They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"

      Chambers UK 2022

    • Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.

      Legal 500 2022

    • The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.

      Legal 500 2022

    • Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.

      Legal 500 2022

    • A really excellent group of PI solicitors, notable for their individual quality.’

      Legal 500 2022

    • A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.

      Legal 500 2022

    • This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.

      Legal 500 2022

    • The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.

      Legal 500 2022

    • Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.

      Legal 500 2022

    • Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.

      Legal 500 2022

    • The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.

      Legal 500 2022

    • To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'

      Legal 500 2022

    • "Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"

      Legal 500 2022

    • "A small but high-powered team, dealing with cases of significant value and complexity."

      Legal 500 2021

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."

    • "A superb boutique catastrophic injury firm."

      Legal 500 2021

    • "Really good at dealing with people who have suffered a serious injury."

      Chambers UK 2021

    • "Affable and charming with very good client-handling skills."

      Chambers UK 2021

    • "superb firm with consummate professionals and a human touch."

      Chambers UK 2021

    • Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.

      Legal 500 2020 - Personal Injury

    • The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.

      Legal 500 2020 - Personal Injury

    • Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.

      Legal 500 2020 - Personal Injury

    • A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.

      Legal 500 2020 - Personal Injury

    • Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.

      Legal 500

    • "Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."

      Chambers UK

    • "They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."

      Chambers & Partners Directory 2020, Personal Injury

    • "Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."

      Chambers UK

    • "Offers specialist expertise in cycling-related injury claims."

      Chambers UK

    • "Offers specialist expertise in cauda equina syndrome cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."

      Chambers UK

    • "They are an outstanding firm to work with. They are consistently impressive in their work."

      Chambers UK

    • "Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."

      The Legal 500

    • "The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."

      Legal 500 2019

    • "Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."

      The Legal 500

    • "Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."

      The Legal 500

    • "Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."

      The Legal 500

    • "Stuart is also very experienced in advising on fatal accidents and workplace accidents."

      Chambers UK

    • Thank you for the hard work and patience and for being so patient with my constant questions.

      Personal Injury Client

    • "I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".

      Client Review

    • Very good efficient service. Would not hesitate to use again.

      Personal Injury Client

    • I will use Osbornes for any future needs.

      Personal Injury Client

    • I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.

      Personal Injury Client

    • Sam was excellent and very professional in dealing with our claim.

      Personal Injury Client

    • Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.

      Chambers UK

    • As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.

      Chambers UK

    • Ben Posford is one of the best catastrophic injury lawyers around.

      Chambers UK

    • They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous

      Chambers UK

    • Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.

      Chambers UK

    • My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.

      Personal Injury Department Client

    • I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.

      Personal injury department client

    • Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.

      Legal 500

    • Ben Posford ‘knows how to maximise the value of the claim for his clients’.

      Legal 500

    Related InsightsVIEW ALL

    1. 26.9.2023

      Victory for Homeless Victim

      Mr X, whose details are anonymised to protect his privacy, fled his home country due to severe persecution from the...

      Read more
    2. Cancer treatment in a modern medical private clinic
      21.9.2023

      Delayed laryngeal cancer diagnosis

      Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...

      Read more
    3. Cancer treatment in a modern medical private clinic
      21.9.2023

      Delayed cervical cancer diagnosis claim

      Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...

      Read more
    4. 19.9.2023

      NHS England Waiting Lists: PM Blames Doctors’ Strike

      NHS England’s waiting list has been growing over the past decade, rising from 3 million in 2014 to 7.7 million in July...

      Read more
    5. model of a spine
      19.9.2023

      Spinal Fracture Case Settles for 6-figure Sum

      Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a claim against Mid and South Essex NHS...

      Read more
    6. 13.9.2023

      Osbornes offers roles to newly qualified solicitors

      Osbornes Law is pleased to announce that our four qualifying trainees have accepted roles to remain at the firm as...

      Read more
    7. 13.9.2023

      Successful homelessness judicial review case against Redbridge Council

      This matter involved a claim in the High Court for judicial review against Redbridge Council for failure to comply with...

      Read more
    8. Beautician hold syringe for young female client
      13.9.2023

      Delayed skin cancer diagnosis

      We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....

      Read more
    9. 12.9.2023

      Osbornes expands Medical Negligence team with new senior...

      Osbornes Law has appointed medical negligence specialist Josie Robinson to further strengthen the team that has grown to ten strong...

      Read more
    10. man looking at a lake
      31.8.2023

      Can Someone With Dementia Make A Will or...

      It’s a sad reality in an ageing population that more people than ever suffer from dementia in the UK....

      Read more
    11. waiting
      31.8.2023

      Can a Lasting Power of Attorney Be Challenged?

      The number of people recognising the importance of making a Lasting Power of Attorney (LPA) has risen dramatically in recent...

      Read more
    12. waiting
      31.8.2023

      NHS waiting lists hit an all-time high

      England’s NHS waiting lists have hit the highest number since 2007, reaching a record number of 7.47 million people who are...

      Read more
    13. baby
      31.8.2023

      Maternal and Fetal Hyponatraemia

      What is hyponatraemia? Hyponatraemia is a condition where sodium levels fall below a certain level, which can be dangerous. All...

      Read more
    14. service charges
      22.8.2023

      “Reasonableness” of Service Charges

      It is well known that the relevant costs that a landlord incurs in the provision of services, repairs improvements, maintenance...

      Read more
    15. britney spears
      22.8.2023

      Does Britney’s Spears Prenup Protect Her Assets?

      News has emerged of Britney’s marriage breakdown earlier this month when Sam Asghari filed for divorce, citing irreconcilable differences....

      Read more
    16. child maintenance
      16.8.2023

      High income parents – how much child maintenance should...

      When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (in high income cases where...

      Read more
    17. Renters Reform Bill
      15.8.2023

      The Renters (Reform) Bill – Will it have the...

      There has been much publicity recently over the Renters (Reform) Bill, the assumption being that the government have their eye...

      Read more
    18. Ambulance vehicles at the Royal London Hospital
      10.8.2023

      Ambulance Delays Affecting Rapid Patient Treatment

      In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended by NHS England, meaning that the 11...

      Read more
    19. older lady
      2.8.2023

      Undue Influence in Wills

      Contesting a Will Due to Undue Influence Undue influence occurs when someone pressurises another person to change their Will in...

      Read more
    20. Fatal Medical Negligence Claim
      1.8.2023

      Fatal Claim: Failure to Treat Bowel Condition

      Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...

      Read more
    21. 10 tips
      26.7.2023

      Wills Disputes: The Duty To Account Is Not...

      Beneficiaries frequently ask us whether trustees or personal representatives can be required to provide a financial account. Their request may...

      Read more
    22. private hospital
      26.7.2023

      Private Healthcare Negligence

      Can you claim negligence against a private hospital? Yes – it can be a little more complicated than bringing a claim...

      Read more
    23. 25.7.2023

      Family Dynamics: A Factor In Child Arrangements Cases

      In proceedings involving children, the parents should consider the impact their behaviour towards each other may have on how the...

      Read more
    24. barbells in sport gym
      18.7.2023

      Weight Injury At Gym Leads To Compensation Claim

      Our client was standing by the squat rack at a gym. The squat rack had attachments on the side of...

      Read more

    VIEW ALL