Road Traffic Accident Abroad Claims

Driving is relatively safe in most EU countries and car-friendly countries like the USA. However, 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 how you can start a car accident claim when you return home.

What should I do if I have a road accident abroad?

1. Call the police

If you’re involved in a road accident abroad, 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.

2. Seek medical attention

Even if you think you are uninjured, it is a good idea to see a doctor immediately after an accident. Sometimes injuries from road accidents don’t appear right away, and having a medical record can be a useful piece of evidence if you later decide to seek compensation.

3. In Europe, fill out an EAS form

For road accidents in the European Union, 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.

4. Keep detailed records of the accident

Countries outside of the EU will not have an EAS but the foreign insurance company may provide their own accident report forms for policyholders to fill out. Some states of the US also require drivers to file accident reports with the Department of Motor Vehicles for accidents meeting certain criteria. Whether you are given an official form 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

5. Report the incident to your insurer

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.

6. Contact the car rental company

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 overseas road accidents?

The relevant law 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.

The Package Travel, Package Holidays and Package Tour Regulations 1992 enable you to make your claim in the Courts of England and Wales, even though the accident occurred in another country.

If you booked your car hire independently, or you were travelling in your own car, then different rules apply. In the majority of cases, your claim will be governed by the law of the country where the accident happened and you will have to start legal proceedings in that country.

This does not mean that you have to return to that country to make a claim, however. We manage car accident abroad claims from right here in London, and we are usually able to deal with them from start to finish without our client having to leave the UK. This is because we have an established network of the best specialist lawyers across different jurisdictions. We call on them to help us navigate local laws and overcome any language barriers.

Your experience will not look or feel much different to making a car accident claim where your accident happened in the UK.

What types of accident can I claim for?

Our solicitors specialise in a wide range of road traffic accident claims including:

• Cycle Accident Claims
• Hit And Run Claims
• Motorcycle Accident Claims
• Taxi Accident Claims
• Passenger Car Accident Claims
• Uninsured Driver Claims
• Cycling Accidents Involving A Car
• Pedestrian Accident Claims

Who do 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.

It’s important to remember that, in some countries, the insurance laws may be different than what you are used to. It’s best to consult with a specialised lawyer who can guide you through the legal process and ensure you receive fair compensation for your car accident abroad.

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.

How much compensation can I receive?

The laws of the country where the accident happened will determine how much compensation you receive. This can be a higher or lower amount than what you would receive in the UK. However, your UK solicitor and their overseas colleagues will work together to ensure you receive the maximum amount of compensation available under the local laws.

Your claim can typically include compensation for:

• Pain, suffering and any long-term effects from your injuries
• Medical expenses
• Lost earnings
• Damage to your vehicle or personal property
• Changes to your travel plans.

What type of injury can I claim for?

Road traffic accidents overseas can cause anything from minor whiplash to serious, life-changing trauma. We recover compensation for the full range, including:

• Whiplash, neck and back injuries
• Head injuries, concussion and traumatic brain injury
• Spinal cord injuries and paralysis
• Multiple fractures and orthopaedic injuries
• Burns, lacerations and permanent scarring
• Internal injuries from seatbelt or impact trauma
• Fatal accident claims for bereaved families

If your injury isn’t listed, get in touch. We act on every type of injury sustained in a road traffic accident overseas.

How do I make a claim for a car accident overseas?

The first step is to seek legal advice from a solicitor who is experienced in overseas 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 car 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. However, this should not deter you from making a claim.

Many jurisdictions recognise the concept of contributory negligence and will apportion blame based on the relative responsibility of the parties involved in the damage. You may still be entitled to compensation, even if you were partly at fault.

As specialists in traffic accidents overseas, 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.

Contact us today

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811