Being the victim of an accident abroad can lead to a confusing and stressful time for you and your family. Often, people are unaware as to their rights when claiming accident compensation abroad. What you should remember is that in most cases, it is possible to claim for the vast majority of accident suffered abroad.
The complexity of claims for road accident compensation abroad is one area that has been improved since 2003. The 4th EU Motor Directive was brought in to help people who have suffered road traffic accidents abroad and wished to claim compensation.
UK residents claiming accident compensation abroad generally fall into two categories, those that are on holiday and those that are working abroad.
If you suffer a personal injury whilst holidaying, Irwin Mitchell′s dedicated holiday accident team will be able to advise you on the best course of action. We can assess the validity of your case, and if it can be proven that the negligence of a third party resulted in your injury, we can help you secure a fair and appropriate compensation package, relative to your injuries. When claiming accident compensation abroad, the case will normally be against the holiday company you booked with or their representative (e.g. hotel staff, coach driver).
If you are able, it is a good idea to report the accident to your travel representative/employer as soon as possible. All accidents should be logged, and you can also help your case by taking details (name & addresses) of witnesses. Photographs or the area where you were injured can also provide further evidence. Remember to keep all your travel documents, receipts and other paperwork in a safe place at all times. This can also include any proof of treatment at a foreign hospital or medical centre if your injuries warranted it.
People who have suffered a personal injury and claim accident compensation abroad may also be entitled to claim for expenses. This can cover prescription costs or travel expenses, so be sure to retain all receipts as proof.
You may have suffered an injury whilst working in a country outside the UK, and in this instance too, Irwin Mitchell could help you claim compensation if the company you work for is based in this country. A successful claim would depend on establishing liability with your employer and the claims process would work in the same way as similar cases that occur in UK workplaces.
Can I make a claim for accident compensation abroad even if I didn′t have travel insurance?
You may be able to make a claim for accident compensation abroad regardless of whether you had travel insurance at the time of your accident.
If your accident or illness occurred as a result of negligence by a third party, you could have grounds to a successful claim. Contact Irwin Mitchell for a free initial consultation, and we will advise you on the best way to proceed.
Irwin Mitchell′s dedicated advisors can assess the merits of your claim and provide expert advice and assistance. Complete a personal injury claim form today and see if you can claim for accident compensation abroad.
The above information relates to the law in England and Wales.
* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms.
All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.