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All roads lead to Rome… but what if you have an accident en route?
Victoria Gallanders
Jan 2010
Victoria Gallanders has some handy tips for any preparing to drive abroad. And what you should do if you’re unfortunate enough to have an accident abroad.
With the British summer proving a wash out yet again, we Brits are heading abroad to catch up on some warm sunny weather on the Continent.
But if you decide to take your car across the channel, or go on a fly-drive holiday abroad, it’s important to know the rules of the road.
Victoria Gallanders has some handy tips for any preparing to drive abroad. And what you should do if you’re unfortunate enough to have an accident abroad.
Just taking an hour or so to do some preparation could save you vast amounts of time and money later on:
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Do some research
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Check your insurance cover
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Pack your car kit
But even the best-laid plans can still awry and you may be unfortunate to get into a road accident. We'll examine what you need to do:
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After an accident
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If you’re injured
Now read on...
Do some research
Check the driving laws for the country you’ll be driving in. Now most people know that you have to drive on the right in mainland Europe but did you know that:
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In France the speed limit on the motorways changes when it rains?
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In most European countries the drink driving limit is much lower than in the UK?
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In Croatia cars must be driven with their headlights on at all times?
15 minutes of research online could save you hours of aggravation with the local police.
Check your insurance cover
Does your auto insurance cover you to drive abroad? If you’re taking your own car, contact your insurer and upgrade your cover if necessary.
Europe
Ask your insurer to provide you with a Green Card. This document, recognised in over 40 European countries, confirms you have insurance which fulfils minimum third party requirements.
If you’re hiring a car at your destination, you should have some form of insurance as part of the package. Check the level of cover and upgrade it if you feel it necessary.
US
In the US the legal requirements for insurance vary from state to state. In California the minimum insurance requirements are fairly low – just $15,000 for injury/death to one person.
Thus if you were seriously injured in an accident and the other driver only had minimum cover, their insurers would only pay out the compulsory $15,000 for your injuries.
The driver themselves would be responsible for paying the balance, but this could leave you vastly under compensated. You may therefore want to look into topping up your own car insurance so that it would pay out in this situation, or find suitable travel insurance to protect you.
Pack your car kit
Did you know that:
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In Spain you must have a first aid kit in your vehicle?
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In Germany you must carry headlight adjusters?
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Swiss law requires you warning triangles in your car?
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In France you must carry a fluorescent jacket in the main part of the car (i.e. not the boot) in case of a breakdown or accident?
In some countries police can perform checks and issue on the spot fines. There are many websites where you can check the requirements for your destination.
In Europe it’s a good idea to keep an Accident Report Form in your vehicle. Also known as a Constat Amiable, this is a form that all parties should complete after an accident.
You can download the forms from the internet. It’s a good idea to take one that’s in English or bi-lingual to avoid any language problems.
And don’t forget to pack your driving basics:
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Your full UK Driving Licence (or International Driving Permit if required)
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Vehicle Registration document /Proof of Ownership
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UK Insurance Certificate/Green Card
After an accident
Call your insurer – you’ll get advice on what do and they may be able to organise medical treatment and a hire car.
Take photographs – establish the position of the vehicles and the vehicle damage, in case there are any disputes later. Also take photographs of the number plates of the other vehicles. Remember that in some countries the front and rear number plates are different.
Exhange details with the other parties. In Europe you should also complete a Constat Amiable. Failure to do so on your part could result in the other driver being exonerated from any blame, even if they caused the accident, and their insurers therefore may not pay out.
The police may well be called and it is usually to your benefit if they attend the scene of an accident. In many countries the police are obliged to attend. Take down the officers’ details (name, badge number etc) and any reference numbers you’re given, as the police report could be vital if liability is disputed later.
If the police don’t attend report the accident at the local station. Any type of formal police record of an accident will be important evidence, and many insurers will insist on this if you wish to make a claim.
If you’re injured
Medical treatment – you may have to pay for medical treatment; keep any receipts for care as you may be able to claim the cost back later.
Medical records – note the hospital that you were treated at, as you may need your medical records if you make a personal injury claim.
Hospital letter – ask the hospital for a letter confirming your injuries and the treatment you received, and if the letter is in English so much the better!
Making a personal injury claim
If you’re injured in a road traffic accident abroad and it wasn’t your fault, you’re probably entitled to compensation.
Seek the advice of a personal injury lawyer straight away. Act fast! In some countries the deadline to make a claim is as short as one year.
Road accidents in the EU
Car insurers in the EU must have a claims representative in the UK whom your lawyer can send your claim to.
If the claim isn’t settled, you can sue the foreign insurer direct, rather than having to sue the driver.
Better still, you can now sue the insurer in your local UK court. You no longer need worry about expensive and complex dealings in a foreign court.
If the other driver was not insured, you can claim compensation in the UK from an organisation called the Motor Insurers’ Bureau (MIB). Your lawyer will advise you on this.
Remember though, the laws of the EU country where you had your accident that will generally determine who is at fault. They will also generally determine how much compensation you will receive, which may be considerably less than under English law
Road accidents in the rest of the world
Outside the EU, claiming compensation for your injuries is more complicated. Generally your claim must be made in the country where the accident happened, which could be expensive and inconvenient.
This will require expertise from a lawyer familiar with the foreign country’s legal system, and again you should seek legal advice as soon as possible.
Road accidents on a package holiday
You may be able to claim compensation from your tour operator under the Package Travel Regulations.
You could make your claim in the UK rather than in the country where the accident happened. Again, you should seek legal advice so see if this applies to you.
Victoria Gallanders is a personal injury solicitor at Osbornes. If you wish to discuss a school accident or any other type of claim, she can be contacted on 0207 485 8811 or at victoriagallanders@osbornes.net
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