It’s hard enough keeping the shiny side up in the UK but what to do if you’re involved in an ‘accident’ overseas.Ward Gethin Solicitors’ Neil John has some useful advice that we hope you’ll never need.
What sounds like a very weighty and self inflated issue can actually be broken down into two real and potentially complex situations – accidents while overseas and accidents in this country involving foreign drivers.
Dealing first with overseas accidents, the first thing to remember is that the three-year time limit to issue Court Proceedings we are used to in England and Wales may not apply. For example, if an accident occurs on a Spanish road with a Spanish driver, the time limit to bring a claim in a Spanish Court is only 12 months. Every country or jurisdiction is different, so beware.
The circumstances of the accident can have a significant bearing upon this. If the claim involves a Road Traffic Accident, it is crucial to get the driver(s) details at the scene if you are able, together with those of any witnesses. If possible, try to get some proof of identity of the other parties as to trace someone who has given false details in a different country would be virtually impossible.
The make, model and registration of the cars/bikes as well as their country of origin could also be of significant value. Armed with this information, it may be possible to trace the owner/keeper of a vehicle involved in an accident, much the same as an application to DVLA will reveal such details for a UK registered car or bike.
If you have an accident on holiday at, for example, your holiday resort, it may be possible to sue the Travel company in this jurisdiction, subject to certain stipulations in The Package Travel, Package Holidays and Package Tour Regulations 1992. Where a company has provided a package of two or more services as defined by the Regulations, which can include travel and accommodation, a claim may be possible. Regulation 26 states that the claimant has three years from the date of the commission of an offence or one year from the date the prosecutor discovered the offence, to begin proceedings.
It is eminently easier, if you are able, to deal with matters in the English jurisdiction as your solicitor will need to hire foreign lawyers as agents if the claim has to be conducted overseas.
I turn now to deal with foreign drivers in this jurisdiction. Regardless of where a vehicle or driver comes from, if that vehicle or person uses roads in Great Britain, they are subject to the laws of this jurisdiction. In many cases, the foreign driving licence is ‘exchanged’ for a UK one, subject to certain conditions, mainly relating to residence.
Almost all European licences are suitable for exchange together with some others, such as New Zealand, South Africa and Canada.
If a driver comes from a country whose licences are not exchangeable, the driver may drive on the foreign licence as a visitor for a period of 12 months, after which he will need to either take a driving test or apply for a provisional licence. If the visitor becomes a resident, the 12 months runs from when the residency begins.
Every driver should be insured against compulsory risks, what is more commonly known as third party only insurance. This will cover claims made by other road users who suffer loss or damage as a result of a driver’s negligence. Failure to do so is a criminal offence which can result in a fine, penalty points and even a ban. The same is true of failing to have a valid licence.
While the lack of a valid licence or policy of insurance may well be a criminal offence and punishable accordingly, this does not assist the injured party from bringing a claim for her or her injuries or other losses not covered by their own insurance. If a vehicle has a policy of insurance issued in respect of it, the insurer is obliged to deal with any claim involving that vehicle whether the driver is covered by that policy or not.
Many foreign insurers have links with insurers in this jurisdiction who can act as agents if the claim is dealt with here. As stated above, it is vital to gather as much information as possible at the scene, including the registration number and country of origin.
If there is no policy ascertainable for the vehicle, then the injured party may need to make a claim to the Motor Insurers Bureau, the basis of either Untraced or Uninsured driver claims being dealt with in an earlier article. Certainly, the MIB will seek to identify an insurer and may be able to locate a foreign insurer from a registration number.
This is not an exhaustive guide, nor can it be due to the number of potential issues involved. The best advice I can give is that if you are unfortunate enough to have an accident, Neil on 01553 660033 as soon as possible and talk to a specialist biking solicitor FIRST.
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