Foreign Vehicle Road Accident Compensation Claims
If your life, or the life of a loved one, has been affected by a road accident we can help.
The purpose of this guide is to help anyone who has suffered a road accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
foreign vehicle road accident compensation:
If you suffer a personal injury as a result of a car or vehicle accident with a foreign vehicle, which was not your fault, you may be entitled to compensation.
The key to a successful claim is proving liability.
Thanks to the Green Card system provided the driver was insured if you are involved in a collision with a foreign driver, you can claim in much the same way as you would for a road traffic accident with a UK-registered vehicle. The only difference is that claims are overseen by the Motor Insurance Bureau (MIB), who work on behalf of the foreign insurer.
How does the Green Card system work?
Recognised in over 40 countries, including all the countries of Europe, the United Nations (UN) Green Card system is designed to:
- Allow vehicles to move freely between countries
- Protect the interests of victims of foreign registered drivers
The Green Card itself does not offer motor insurance. Instead it is proof that the minimum legal requirements for third party liability are covered in the motor insurance policy of participating countries. This makes it essential in helping settlement claims arising from an accident.
What to do immediately after an accident
Just as you would after an accident with a UK registered vehicle, take down the driver's name, address, contact number, registration plate and any other relevant information. If the driver is struggling to understand English, be sure to at least note the registration plate. This can be used to trace the owner of the vehicle and insurance details, if necessary.
In addition, be sure to get as much information you can from any witnesses to the accident. And take note of any CCTV cameras in the area. These will help prove liability in any compensation claim.
Once you have the insurance details of the foreign vehicle, the Green Card system should enable you to make a claim with the help of the MIB. If an accident happened outside of the UK, or if the foreign driver was uninsured, the claim can be more complex.
On what basis can I make a claim?
If you are involved in a road traffic accident with a foreign vehicle which was not your fault, and suffer a personal injury as a result, you have grounds to make a claim.
Whether you are suffering from whiplash or have sustained other body injuries, you are entitled to seek compensation for loss of earnings, medical bills and travel expenses.
The crucial step to making a successful claim is proving that the accident was caused by the foreign driver. However, this can be difficult to attest.
Following the correct procedures immediately after the accident can really be of benefit.
Do I have a foreign vehicle road accident claim?
You should be eligible to make a foreign vehicle road accident injury claim if you were injured:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if the road accident was my fault?
If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.
In these cases, claims are usually settled with a split liability agreement.
For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a foreign vehicle road accident claim on their own behalf.
Can I make a foreign vehicle road accident claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on a foreign vehicle road accident claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
Can I still claim if I didn't report the foreign vehicle road accident?
If you did not report the accident it can make it more difficult to pursue a foreign vehicle road accident claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
The amount of money you could claim for your foreign vehicle road accident will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your foreign vehicle road accident has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a foreign vehicle road accident? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious shoulder injury can be £15,000
For a more minor hand injury, in isolation, you would typically receive £3,000.
However, if you have a serious shoulder injury and a more minor hand injury, you would typically receive £15,000 + a reduced percentage of £3,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a foreign vehicle road accident claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a foreign vehicle road accident will depend entirely on your specific circumstances.
Your foreign vehicle road accident compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my foreign vehicle road accident compensation?
If you receive financial compensation following a foreign vehicle road accident injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my foreign vehicle road accident compensation
Calculating how much compensation you can claim for a foreign vehicle road accident injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your foreign vehicle road accident claim could be worth now:
How long does a road injury claim take?
The length of time needed to secure compensation for a road accidents involving a foreign vehicle can vary significantly.
For instance, a straightforward uncontested road accident claim could be completed in a couple of months. If the defendant denies liability, the process might take substantially longer. Normally a road accident claim takes between 4 and 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your foreign vehicle road accident claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How does no win, no fee work?
No win, no fee means that your solicitor will not charge you anything at all if your foreign vehicle road accident claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee promise
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a foreign vehicle road accident injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my foreign vehicle road accident claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my foreign vehicle road accident claim?
If your foreign vehicle road accident claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Foreign vehicle road accident FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a foreign vehicle road accident claim?
In general, you have a time limit of up to 3 years from the date of the foreign vehicle road accident to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your foreign vehicle road accident claim becomes 'statute barred'.
Can I claim for a foreign vehicle road accident after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim foreign vehicle road accident compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.