Car Accident Abroad Compensation Claims
NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault
With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.
If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.
There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:
- Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)
- Minor road accidents: The Official Injury Claim Portal
- Accidents involving uninsured drivers: The Motor Insurers' Bureau
Car Accident Abroad Compensation Claims
Going on holiday should be about relaxation and fun. But sometimes, things don’t go as planned and accidents happen, like a car crash. If this has happened to you and you sustained injuries, you could have the right to claim compensation.
Call now on 0800 234 6438
Car accident abroad compensation claim
Experiencing a car accident abroad is often more complicated and stressful than similar incidents at home, because of the different legal landscape you could face. When an accident occurs in a foreign country, you are suddenly faced with navigating unfamiliar legal systems and overcoming language barriers, which can add layers of complexity to an already distressing situation. So knowing your rights and the applicable legal processes for seeking compensation can help you pursue the compensation you deserve.
Because, and this is important: if you’re a UK resident and the car accident abroad wasn’t your fault, you may have a legitimate claim for compensation. Just because the road accident happened outside the UK, you are not without rights and recourse. Compensation claims for foreign car accidents in Europe are settled in UK courts and (currently) protected by EU law.
To find out more about making a road accident abroad claim, call 0800 234 6438 today and speak with a trained legal adviser. If they believe you have a claim to pursue, they’ll partner you with specialist solicitors who are experts in international personal injury claims. You have nothing to lose and potentially a lot to gain.
Find out more about making a holiday accident claim.
What to do immediately after a road traffic accident abroad
If you’re involved in a car accident while abroad, acting promptly and effectively is a must for both your safety and any potential compensation claim.
Here’s what you should do immediately following the incident:
- Contact the police: This should always be your first step. Reporting the accident to the local authorities is a must. It ensures there’s an official record of the incident, which is vital for any legal or insurance claims.
- Exchange details: Just like you would at home, exchange contact and insurance information with the other driver. This includes names, addresses, and vehicle registration numbers.
- Take photographs: Documenting the scene is important. Take photos of the vehicles, the road, any visible injuries, and anything else that seems relevant. These can serve as vital evidence later on.
- Gather witness information: If there are any witnesses, get their contact details. Witness accounts can significantly strengthen your claim.
- Seek medical attention: Even if you feel fine, it’s important to get checked out by a medical professional. Some injuries aren’t immediately apparent. Plus, medical records are key evidence in any claim.
- Notify your travel insurance company: Inform your travel insurer as soon as possible. They can provide guidance on what to do next and might cover some immediate costs.
- Consider contacting your embassy: In severe cases, especially if you’re facing serious legal issues or if you’re hospitalised, contacting the British embassy in the country can be helpful. They can offer assistance and advice on dealing with the local legal system.
Remember, taking these steps not only ensures your wellbeing but also lays the groundwork for a successful compensation claim if the accident wasn’t your fault. Each step gathers key evidence and ensures you’re in the best position to understand and assert your rights.
Find out more answers to Road Traffic Accident Questions
Understanding your rights and eligibility for making a claim
As a UK resident, if you’ve been involved in a car accident abroad, it’s important to understand your rights and eligibility for making a compensation claim. Here’s an overview:
Eligibility criteria for compensation claims
As a UK resident, you’re generally eligible to make a compensation claim if you’re involved in a car accident abroad, as long as the accident wasn’t your fault. This includes incidents where another driver is at fault, accidents caused by poor road conditions, or incidents during a package holiday.
The specific circumstances of the accident are critical in determining eligibility. The location of the accident (EU or non-EU countries), however, while it can affect the legal process, it doesn’t typically affect your fundamental eligibility to make a claim.
Jurisdiction of claims
For accidents within the EU, EU laws may simplify the process of making a claim, as many EU countries have reciprocal arrangements with the UK. For non-EU countries, the process can be more complex.
EU Claims
In the European Union, thanks to reciprocal agreements, the process for claiming compensation is typically more streamlined. EU regulations may provide a level of uniformity in handling these claims, although post-Brexit changes could affect this.
Non-EU Claims
For accidents in non-EU countries, the legal process can be significantly different. The jurisdiction often falls under the local laws of the country where the accident occurred. These laws can be vastly different from UK law, necessitating an experienced legal approach.
Claims against various parties
You can make claims against several parties depending on the accident’s circumstances. This includes tour operators, especially if you were part of a package holiday, the negligent driver, or even local road authorities if poor road conditions were a factor:
- Against tour operators: If the accident occurred during a package holiday, you might be able to claim against the tour operator, especially if the accident was due to their negligence or lack of safety measures.
- Against negligent drivers: If another driver caused the accident, a claim could be made against their insurance. This process varies significantly depending on the local laws of where the accident occurred.
- Against road authorities: In cases where poor road conditions caused the accident, claims might be possible against local road authorities. This is complex and highly dependent on local laws and the specifics of the case.
If you’re unsure about your rights or how to proceed, call 0800 234 6438 today and speak with a trained legal adviser who can advise you about making a claim, and put you in touch with a professional experienced in international road traffic accidents. They will provide clarity and improve your chances of a successful claim.
Types of injuries sustained in a car accident
There are a wide range of injuries that can be sustained in a car accident. These can include:
Minor injuries:
These may include cuts, bruises, and minor whiplash. Although less severe, they can still warrant compensation, especially if they impact your daily life or result in medical expenses.
Serious injuries
These can range from broken bones and significant whiplash to more severe spinal injuries. Serious injuries often lead to higher compensation due to their impact on your lifestyle and work.
Life-altering injuries
These include permanent disabilities, severe brain injuries, and spinal cord injuries. Claims in these cases are complex and involve substantial compensation to cover long-term care, loss of earnings, and lifestyle adaptations.
Fatal injuries
In tragic cases where fatalities occur, as the family of the deceased, you may be eligible to claim compensation for your loss.
It’s important to note that each claim is unique, and the specifics of the car accident and injuries sustained will significantly influence the claim process and your potential compensation. Seeking legal advice from professionals experienced in handling international accident claims is therefore essential for understanding and navigating these complexities. To find out more about holiday accident claims, get free legal advice today. Call 0800 234 6438 and speak with a trained legal adviser.
Find out more about Car Accident Claims
The claim process
From a legal standpoint, compensation claims for car accidents in Europe are settled in UK courts and (currently) protected by EU law. Our UK courts will evaluate your compensation claim by considering the severity of your injuries and their impact on your life. This includes both physical and emotional trauma and how these affect your daily living and future prospects.
The evaluation also involves determining liability and whether your actions contributed to the accident or the severity of the injuries.
Step-by-step guide on navigating the claims process from the UK
- Seek legal advice: Engage a solicitor specialised in international road traffic accidents. They can provide invaluable guidance tailored to your situation. A solicitor with experience in international accidents will navigate the complexities of cross-border legalities. They can bridge language and cultural barriers, which is crucial in international claims. Their expertise will ensure your claim considers all possible avenues for compensation.
- Document everything: Keep a detailed record of the accident, medical reports, expenses incurred, and any communication related to the incident.
- Claim filing: Your solicitor will help you file the claim, ensuring all necessary documentation and evidence are in order.
- Negotiations and settlement: Most claims are settled out of court. Your solicitor will negotiate on your behalf for a fair settlement.
- Court proceedings: If a settlement isn’t reached, your case may go to court. Your solicitor will prepare and represent you throughout this process.
How much compensation could I get?
When it comes to compensation for car accidents abroad, the amount you could receive varies greatly depending on the specifics of your case. Compensation is typically divided into two main categories: general damages and special damages.
General damages
General damages covers things that aren’t quantifiable and specific, such as the physical pain and emotional distress you’ve experienced due to the accident. It’s calculated based on the severity and duration of your injuries. If your injuries have led to long-term or permanent loss of quality of life, this will be factored into the compensation. The more severe and lasting your injuries are, the higher the compensation is likely to be.
Special damages
These cover specific losses you’ve encountered, such as:
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Medical expenses: This includes the cost of medical treatment you’ve received and any future medical care you may need as a result of the accident.
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Loss of earnings: If you’ve lost income due to being unable to work, this will be covered. It also includes future lost earnings if you’re unable to return to work or have to take a lower-paying job because of your injuries.
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Additional costs: This can cover a range of expenses, such as travel costs to medical appointments, costs for home modifications due to disabilities caused by the accident, and any other out-of-pocket expenses related to the injury.
To get a more accurate idea of how much compensation you could be eligible to claim, the Judicial College Guidelines provides ranges of compensation for different injuries sustained:
Back injuries:
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Severe back injuries can range from approximately £38,780 to £160,980.
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Moderate back injuries might be compensated with amounts ranging from about £11,730 to £38,780.
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Minor back injuries typically see compensation ranging from around £2,300 to £12,510.
Compensation for specific injuries:
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Severe brain injury cases might receive compensation between £282,010 and £403,990.
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Amputation of both legs can lead to compensation between £240,790 and £282,010.
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Loss of one arm (above the elbow) might be compensated between £109,650 and £130,930.
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Very severe facial disfigurement, especially in younger claimants, can range from £29,780 to £97,330.
Other types of injuries:
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Serious hand injuries can see compensation between £29,000 and £61,910.
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Severe foot injuries might receive compensation ranging from £41,970 to £70,030.
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Moderate ankle injuries can be compensated between approximately £13,740 and £26,590.
To find out more about making a car accident abroad compensation claim, get free legal advice today. Call 0800 234 6438 and speak with a trained legal adviser.
What is the time limit to make a claim?
In the UK, the standard time limit for starting legal proceedings for a personal injury claim is three years. This means you have three years from the date of the car accident to initiate your claim. This isn’t set in stone though, because sometimes the effects of an accident aren’t immediately apparent. In such cases, the three-year limit starts from the date you became aware of your injury being linked to the accident, known as the ‘date of knowledge’.
Because your accident was abroad, you might also need to take into account the time limit to claim in that country. The time limit can vary depending on the country where your accident occurred. For instance, some countries have shorter time limits for making a claim, while others might offer a longer period.
Given these variations, it’s crucial to consult a solicitor experienced in international law as soon as possible after your accident. They can advise you on the specific time limits applicable in the country where the accident happened and help ensure your claim is filed within these deadlines.
If you miss the deadline for filing your claim, it is highly likely your claim will be considered invalid, and you will be unable to seek compensation. Saying that, there are rare exceptions where courts might allow a claim outside the standard time limit, but these are exceptional and not something to rely upon.
Claim compensation on a No Win No Fee basis
No Win No Fee agreements, also known as Conditional Fee Agreements, allow you to make a risk free claim, pursuing a claim without paying any upfront legal fees. This can be particularly reassuring if you are concerned about the financial burden of legal costs.
You’ll only pay legal fees if your claim is successful, in which case your solicitor will typically receive a ‘success fee’. This is usually a percentage of the compensation awarded and should be agreed upon in advance. In the UK, success fees are capped to ensure you retain the majority of your compensation. This cap is currently set at 25% of the compensation awarded for most personal injury claims.
If your claim is unsuccessful, you won’t be liable for your solicitor’s fees under this agreement. This reduces the financial risk involved in pursuing a claim.
There may be other costs involved in your case, such as court fees or costs of obtaining medical reports. Depending on the agreement, you may need to cover these costs, regardless of the outcome. However, many solicitors arrange insurance policies to cover these potential costs.
Find out more with these No Win No Fee Questions
Let www.NoWinNoFee.com help you to make a claim
Have you been injured in a car accident abroad that wasn’t your fault? Let us help you get the compensation you deserve. At www.NoWinNoFee.com, we connect you with experienced personal injury solicitors who work on a no win no fee basis. This means you can pursue your claim without any financial risk.
Don’t let the stress of finding the right legal help add to your burden. Start your claim today and take the first step towards the compensation you deserve.
- How long does a car accident claim take?
- What to do immediately after a car accident
- Do I have to use the law firm recommended by my insurance company?
- Do I need to be the driver in order to make a claim?
- Can I make a claim if my accident was caused by a poor driving surface?
- How long do I have to file a car accident compensation claim?
- Can I seek compensation if I was partially at fault for the accident?
- What if the at-fault driver is uninsured or underinsured?
