A Guide to Road Traffic Accidents Abroad
Road traffic accidents can happen anywhere, particularly along unfamiliar routes, and faced with different road conditions and driving styles of drivers overseas.
If you’re involved in a road traffic accident abroad that was someone else’s fault, Fletchers can help. They’ll navigate the different road laws and languages you might face when dealing with an incident and make sure your rights are upheld.
What Are Road Traffic Accident Abroad Claims?
A road traffic accident abroad claim is the legal process you follow to recover compensation after being injured in a foreign country due to someone else’s fault.
The claim might involve different legal processes and insurers than you’re used to locally, which is why it’s essential to make sure you have legal representation that understands the way things work in the country where the incident happened.
Legal compensation for a car accident abroad or other type of motor vehicle incident which occurs overseas can cover a number of expenses such as medical bills, missed travel, repatriation, lost income, and pain and suffering.
What Are the Common Causes of Road Traffic Accident Abroad Claims?
The World Health Organization states that there are around 1.2 million deaths on the world’s roads each year and between 20 and 50 million are seriously injured.
Some of the most common accidents occur due to:
- Speeding
- Driving under the influence of drugs or alcohol
- Travelling without the use of essential protective gear such as a motorcycle helmet, seatbelt or child restraint
- Distractions while driving
- Unsafe roads
- Vehicles that aren’t roadworthy
- Insufficient medical assistance following an accident
- Insufficient enforcement of road laws
You can make a claim as a driver, passenger, pedestrian or cyclist, as long as the negligence was caused by someone else. The negligence needs to be either wholly or partly theirs.
So, if these or any other negligent behaviours from another motorist caused you harm during a road traffic accident abroad, get in touch with Fletchers to see if they can seek compensation on your behalf.
What Are the Symptoms of Road Traffic Accident Injuries?
Injuries from road traffic accidents can vary from minor cuts and bruises to life-changing disabilities and sometimes death. Injuries sustained to the head, chest, pelvis and spine are most likely to become fatal.
The most common injuries that occur during an RTA are:
- Whiplash, usually arising from a collision where the head is flung back and forth
- Neck injuries, including breaks, dislocation and muscle damage
- Head injuries, including concussion and traumatic brain injury
- Facial injuries, fractures and disfigurement
- Back injuries, which vary widely from minor sprains to severe fractures. You can see the top 5 back injuries from RTAs for a more detailed breakdown of the most common injuries.
- Spinal injuries, which can lead to temporary immobility, partial or total paralysis
- Breaks and dislocations to the arms and legs
Psychological symptoms as well as physical symptoms are commonly experienced by those who survive road traffic accidents, including post traumatic stress disorder and acute stress disorder.
It is important to be medically assessed early on – even if your physical injuries appear to be minor – to ensure you receive full and timely treatment for any conditions that may arise from an RTA.
How Are Road Traffic Accident Injuries Treated?
Immediately following a road traffic incident the first priority is to ensure everyone involved is safe from further harm and that emergency medical services are contacted to assist with injuries.
Treatment can vary from blood transfusions for extensive blood loss, surgery for deeply penetrating injuries and realignment of fractured bones to tetanus shots for deep wounds that may have been impacted by foreign objects, and the administration of a variety of pain relief medications.
In the longer term, physiotherapy, additional surgeries and psychological therapies and assessments may be required, either in the country of incident if you are hospitalised there or through medical services in the UK once you return home.
Can I Claim for a Road Traffic Accident Abroad?
You can claim for a traffic accident that occurs abroad if the accident was caused (fully or partly) by another person’s negligence. You can do this whether you were involved in an accident as a driver, passenger, pedestrian or cyclist.
The case will require supporting evidence so it’s important that we’re able to obtain this from you and through our due diligence processes, such as contacting local authorities and medical services.
It’s also necessary that the accident occurred in a country where it’s possible as a UK citizen to bring a legal claim. Either through initial consultation or as your legal representative, Fletchers will be able to determine whether this is possible.
How Much Time Do I Have to Claim?
The car accident abroad compensation process ideally needs to begin as soon as possible. This is because the time to bring a claim in the country where the accident happened may be shorter than the usual 3-year time limit we have here in the UK.
For example, in France, the time limit to bring a claim is 10 years, whereas in Italy, the time limit is just two years.
Get in touch with a solicitor as soon as you’re able to, following your road traffic accident to avoid missing any deadlines in the claims process.
How Much Does It Cost to Make a Road Traffic Accident Abroad Claim?
If you choose a solicitor with a No Win No Fee agreement, they will pursue the case on your behalf and you won’t owe any money if the claim is unsuccessful. If the solicitor wins your case then the fee will come out of the final settlement amount.
Fletchers operate on a No Win No Fee basis as we believe it’s important to seek justice for claimants without adding to the turmoil faced when a road traffic accident abroad happens.
Why Choose Fletchers Solicitors?
Fletchers’ solicitors are experienced in handling both road traffic accident claims and overseas injury cases. We have a specialist travel litigation team that works with foreign lawyers to ensure your case is properly investigated and your claim handled correctly from start to finish.
Road Traffic Accident Abroad Cases
Our international injury team have handled many road traffic accident abroad cases including:
- A 24-year-old man who suffered severe knee injury and profound psychological distress including PTSD when a car collided with his moped in Greece. His injuries left him unable to return to his original job. The case ultimately settled for £125,000.
- On holiday in France, an HGV driver suffered spinal cord, brain and orthopaedic injuries when he collided with a lorry while riding his motorbike. Two weeks before the High Court trial, our client received a six-figure settlement.
- A retired serviceman in his seventies was riding his motorbike in Spain when he suffered fractured ribs, a complex wrist fracture and PTSD after a lorry encroached into his lane forcing him to make an evasive manoeuvre. This ultimately led to his injuries. The court found the lorry driver was 100% at fault and awarded significant compensation.
If you’d like to understand how we manage these cases abroad, you can read more about the international injury cases we’ve handled.
Road Traffic Accident Abroad Solicitors
Fletchers have a specialist legal team who deal with international accident claims. Handling your case, could be:
- Jamil Mohammed who has been handling holiday and other injury claims with Fletchers for over 8 years, and specialises in catastrophic and serious injury claims.
- Ross Smith who is our senior litigation executive and leads the international injuries team. Ross also has over 25 years’ experience dealing with travel and injury litigation.
If you need help with an RTA case, please contact the team for a free initial consultation.
Or, if you’re looking for more information on a specific type of road traffic accident, you can visit one of our specialist case areas below:
Frequently asked questions
Can I still claim if the driver was a local?
Yes, you can seek compensation for a road traffic accident if the driver was a local or overseas resident.
What if I was partly at fault?
You can still claim compensation for a road traffic accident abroad if you or are found to be partly at fault for the incident. This will likely affect any final settlement you receive.
Do I need travel insurance to make a claim?
Travel insurance isn’t essential to your road traffic accident abroad claim directly, however it’s helpful to have to cover urgent medical expenses and repatriation to the UK.
Can I claim if I didn’t report the accident at the time?
Not reporting the incident to the police at the time or within 24 hours can impact your claim. Making sure you have a legal report of the incident is a key factor in any claim and could support your right to a certain level of compensation.
Will I need to go back to the country where it happened?
You will need to return to the country where the incident occurred if the court proceedings require it, however, certain legal processes can be handled remotely.
Your ability to pursue the case and obtain compensation may depend on a few factors such as your lawyer’s legal jurisdiction and the ability to enforce a judgement in a particular country. It’s best to contact a legal professional to check whether your case could go ahead.
While laws abroad can vary, in the UK, it’s also your legal responsibility to report an incident if someone is injured, even in a minor way, or if property is damaged.
The requirement to travel will also depend on your physical ability to do so following the incident.
Related Information and Guides
If you need advice on specific claim types or instances of injury, please visit our dedicated resources:
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