If you are injured in a road traffic accident which was not your fault, you are entitled to claim compensation. But what happens if this accident occurred abroad? Is it still possible to make a claim? And will you be rewarded compensation, as you would if the accident happened in Scotland? In this article we will take a look at these questions, explaining what action you can take if you are involved in a road traffic accident abroad.
Road Traffic Accidents Abroad - Can You Claim?
Previously, making a claim for a road traffic accident abroad was extremely difficult. However, steps have been taken by European Union members to ensure all drivers and passengers who are injured in a road accident are able to obtain the compensation to which they are rightfully entitled to.
Therefore if your accident occurs within the EU, Norway, Lichtenstein or Iceland, you will be protected by laws which state:-
* Each country must have a system of identifying the insurer by using the registration number;
* The injured party can make a claim in their own country;
* Insurance companies must appoint a representative in the claimant's country, who will then handle the claim;
* Each country must have an organisation to deal with the claim if the insurer cannot be found.
When put into practical terms, this law means that if you have a road traffic accident abroad, you can:-
* Identify the insurer of the other vehicle when you are back in the UK. Simply quote the registration number to the Motor Insurer's Information Centre (MIIC);
* Make a claim against the driver at fault when you return home to Scotland;
* Speak to a representative from the driver's insurance company. He/she will be based in the UK and speak fluent English;
* Make a claim through the Motor Insurance Bureau (MIB) if the driver at fault fails to participate or cannot be identified.
How to Claim for a Road Traffic Accident Abroad.
If you are unfortunate enough to be involved in a road traffic accident abroad, you need to take the following steps:-
1. At the scene of the accident, try to take as many details from the other driver as possible. If nothing else, you must note down the registration number;
2. When you return home, contact the MIIC. They will be able to find the other driver's insurance company using the registration number;
3. Write a letter to the other driver's insurance company in English;
4. The insurance company must respond within 21 days, as well as appoint a representative in your local area;
5. The insurance company then has three months to either accept liability (in which case you will receive compensation in accordance to that country's laws) or deny liability (in which case you should seek legal advice in Scotland).
If the insurance company fails to respond within the allotted time frame, or the other driver cannot be traced, you can make a claim using the Motor Insurance Bureau.
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