How To Claim After A Road Traffic Accident Abroad.
The novelty of driving a hire car in another country can very quickly rub off if you are unfortunate enough to be involved in a road traffic accident. It can be hard to know how to react when you are in such a situation, especially if you do not speak the native language. Road traffic accidents in this country are frightening and stressful enough in the UK let alone in a foreign country.
Up until recently it has been relatively hard to make a holiday accident claim following a personal injury in a road traffic accident abroad as the claim would have to be pursued in the country in which it happened. However, since 2003 it has been much easier to make a holiday accident claim as the fourth EU Motor Directive was brought in to help people who have been injured in such accidents. Now it is easier for people to claim the compensation that they so rightly deserve.
If you are claiming compensation in your own country after a road accident in Europe you will be protected by the fourth EU Motor Directive which dictates that all insured cars in the EU are registered on a database. This means that if the injured person has the registration plate of the car at fault in the road accident then the details of the insurance company can be found through this database. This database is an important tool in making sure that successful holiday accident claims can be made against the person in the wrong. It also means that if a person is uncooperative at the scene of the accident and refuses to swap details then all is not lost.
The Directive also states that the insurer of the person who caused the road accident must nominate a representative in the home country of the injured party. This ensures that you deal with a personal injury solicitor in your own country and there is no need for you to have to find and fund foreign representation. This ensures that the claiming process can go as smoothly as possible.
Finally the Directive means that there must be someone to claim against in the event of a holiday accident. If the insurance company can be identified on the database then a personal injury claim can be made against them. If the insurance company cannot be identified it means that the whole process is slowed down and the Directive dictates that there must be a body in place to handle the road accident instead. For example, in the UK we would turn to the Motor Insurers Bureau as they specialised the handling of untraceable drivers who have caused road accidents.
If your accident has occurred outside of Europe then you may well have to pursue a holiday accident claim in the country in which it happened. This can be a long, complex and expensive process so it is advisable to seek legal advice prior to filing a claim so that your case can be evaluated.
Road accidents cover car accidents, motorcycle accidents, taxi accidents and coach accidents and if you have been involved in any of these you should contact Accident Consult for more information straight away.
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