Everything You Need To Know About Foreign Vehicle Accident Claims

Road traffic accidents can have lifelong impacts and be traumatic experiences. Having an accident with a foreign-registered vehicle may add to your stress as you may not know how to go about making foreign vehicle accident claims.

Our guide today will discuss what to do if you have been involved in an accident with a foreign vehicle while on the roads in the UK. We will then explore how you could claim and what to do in these situations.

You may be worried and interested in who you would claim against in foreign vehicle accident claims. Our guide will discuss the Motor Insurers’ Bureau and what they do, and then move on to what your first steps should be if you’ve been hit by a foreign vehicle.

Continue reading to learn more, or use our jump to a section to read about specific topics. You can also contact us by:

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Jump To A Section

  1. Can I Claim If I Was Hit By A Foreign-Registered Vehicle?
  2. What Is The MIB Green Card Scheme?
  3. What Should I Do If I’m Involved In A Foreign Vehicle Accident?
  4. Is There A Time Limit For Making Foreign Vehicle Accident Claims?
  5. How Long Will It Take Until My Claim Is Settled?
  6. Can Foreign Vehicle Accident Claims Be Made On A No Win No Fee Basis?
  7. More Information

Can I Claim If I Was Hit By A Foreign-Registered Vehicle?

Yes, you can claim if you have been involved in an accident with a foreign vehicle, if it wasn’t entirely your fault.

In order for you to be eligible to make foreign vehicle accident claims, three components must be present:

  • You were owed a duty of care
  • The person who owed you this duty of care breached it
  • Their breach led to your injuries

These three factors make up negligence, which is the foundation of any road traffic accident claim.

When driving on the roads in the UK, all road users must navigate in a safe way, avoiding damage and injury to others on the roads. This is the duty of care owed between road users.

To uphold the duty of care, people using the roads must follow the rules laid out in the Road Traffic Act 1988 and the Highway Code.

An example of how a road user could breach their duty could be if they were using their phone whilst on the motorway, which caused them to crash into you, causing head injuries.

If you have any questions about eligibility for foreign vehicle accident claims, contact us today.

Can I Only Claim For Damage To My Vehicle?

No, you can claim for more than just the damage to your vehicle. You could claim for:

  • Physical injuries
  • Damage to your vehicle
  • The mental impact that the accident has had on you
  • Financial losses caused by your accident

In foreign vehicle accident claims, your compensation can be made up of both general and special damages. These are two different heads of claim, for different purposes.

General damages are compensation for:

  • Pain
  • Suffering
  • Loss of amenity

So, if your accident has meant that you’re unable to engage with activities the way you did before the accident, this will be taken into consideration in your general damages.

Whereas, your special damages are compensation for any financial losses incurred as a result of your injury.  This can include:

  • Loss of earnings or loss of earning potential
  • Travel costs
  • Medical costs
  • Care costs

For you to be able to claim special damages as part of your road traffic accident compensation, you must have evidence which demonstrates how your injury has caused financial loss. Your evidence could be:

  • Wageslips to show loss of earnings or earning potential
  • Receipts from travel
  • Medical or care invoices

As part of the services offered by our solicitors, we could help you to obtain this supporting evidence. Contact us today to learn more about how we could help you.

Do The New Whiplash Regulations Affect Foreign Vehicle Accidents?

No, the Whiplash Injury Regulations do not affect claims arising from accidents involving foreign-registered vehicles in the UK. If you suffered whiplash in a car accident with a foreign vehicle, your whiplash injury will be valued in the same manner as your other injuries and not come under the tariffs found in these Regulations.

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What Is The MIB Green Card Scheme?

The Motor Insurers Bureau (MIB) is an organisation that works to assist those involved in a road traffic accident, whether with an uninsured driver, a hit-and-run incident, or an accident involving a foreign vehicle.

Part of the MIB specialises in foreign vehicle accident claims; the Green Card scheme makes it easier for people to claim for these accidents. The claims process is similar to how you would normally make a claim for a UK car crash, but the only difference is that your claims process would be through the MIB.

The Green Card itself is a certificate recognised internationally, meaning that road users who are overseas will hold the minimum compulsory insurance cover required for the country they are in.

The Green Card system has been adopted in over 47 countries, including all of those in the European Economic Area. One of the benefits of this system is that it promotes greater freedom of movement between countries, and also ensures that victims of foreign vehicle accidents are not disadvantaged.

If you would like to learn more about how the Green Card system works or how our solicitors could help you start your foreign vehicle accident claim, contact us today. 

A car and pen lay on a desk with an insurance policy

Do All Foreign Insurers Have A UK Representative?

No, not all foreign insurers have a representative in the UK.  In these cases, the MIB will act on behalf of the foreign insurer in the event there isn’t a UK representative.

What If The Driver Of The Foreign Vehicle Can’t Be Traced?

If you have been involved in an accident where the foreign vehicle cannot be traced, your claim will fall under the Untraced Drivers Agreement. This agreement, used by the MIB, means that if you’re involved in a hit and run, then the MIB will investigate your claim.

To find out more about how to make a claim if you’ve been involved in an accident with a driver who can’t be traced, contact us today. If eligible, you could be connected with one of our expert solicitors.

What Should I Do If I’m Involved In A Foreign Vehicle Accident?

The first thing you should do after experiencing a foreign vehicle accident is to seek medical help. You might’ve experienced severe injuries such as a broken jaw as a result of the accident, so it is important that you make sure to receive medical treatment as soon as possible.

The next thing you should think about is seeking legal assistance. Through instructing a solicitor, you can rest assured that your claim is in expert hands.

A key part of any compensation claim is evidence, which can be used to strengthen your claim by demonstrating how someone else’s negligence occurred. This could be documents or could include things like:

  • Pictures of the registration plate (both front and back of the plate)
  • Details of the other party’s Green Card or other insurance information
  • Contact information from the other driver
  • Any contact details of anyone who witnessed the accident to provide a witness statement at a later stage
  • Evidence of expenses, such as costs of repairs to your vehicle or medical expenses

Our team could help you compile this supporting evidence. Contact us today to discover how else our solicitors can assist you.

Is There A Time Limit For Making Foreign Vehicle Accident Claims?

Yes, there is a time limit to start foreign vehicle accident claims. Generally, you have 3 years from the date of the road traffic accident to begin your claim.

This time limit is established in the Limitation Act 1980, which places a time limit on most compensation claims. There are 2 exceptions to this time limit, which are:

  1. If injured party is under 18 at the time of the accident, a litigation friend could make a claim on their behalf as minors cannot manage their own claim. If no claim is made, then you will have from your 18th birthday to your 21st birthday to start your claim.
  2. If the injured party is mentally incapacitated and not able to manage the claims process, a litigation friend could also act on their behalf. Again, if no claim is made, then the time limit will only be resumed if the individual regains mental capacity.

If you’re wondering whether your claim still falls within the time limit, please contact us today and one of our advisors will be happy to assist you.

How Long Will It Take Until My Claim Is Settled?

The amount of time it can take for your claim to settle varies on a case-by-case basis. Factors like case complexity can impact how long your claim may take to settle.

Another contributory factor can be whether the other party admits liability or not, or even how long the evidence-gathering process could take, which can all impact the amount of time your claim takes.

In any claims process, the Pre-Action Protocol needs to be followed before any litigation. During this stage, both sides of the claim can share documentation, and there is encouragement of alternative dispute resolution.

The Pre-Action Protocol are in place to prevent the need for litigation. Going to court can be both time-consuming and costly for both the claimant and the defendant. Additionally, the claim can be settled at any point during the Pre-Action Protocol.

During this stage, your solicitor would issue what’s known as a Letter Before Action, which outlines the basis of your claim and your intention to bring a claim against them. There are also time limits imposed during these protocols to ensure that responses are given in an appropriate timeframe.

Generally, foreign vehicle accident claims could take anywhere between a few months and a few years, depending on the case. If you choose to instruct one of our expert solicitors, you can expect that they will keep you updated at every stage of your claims process.

A foreign vehicle accident claims specialist helps their client

Can Foreign Vehicle Accident Claims Be Made On A No Win No Fee Basis?

Yes, you can make a foreign vehicle accident claim with us at Accident Claims. Our solicitors work  on a No Win No Fee basis, via a Conditional Fee Agreement, which can fund the work of your solicitor as it means that you wouldn’t have to pay for their services:

  • At the beginning of your claim
  • During the foreign vehicle accident claims process
  • If you’re claim were unsuccessful

If your claim were successful, a success fee would be taken from the compensation. This fee is a limited percentage under the Conditional Fee Agreements Order 2013 to ensure you receive the majority of your compensation.

If you decide to work with our solicitors, you can expect professional expertise at every stage of your claim. Our solicitors would assist you through:

  • Ensuring your claim is started within the permitted time limit
  • Advocating on your behalf to achieve the best settlement
  • Gathering evidence to support and strengthen your claim
  • Explaining legal language and the claims process

Our solicitors have decades of experience in foreign vehicle accident claims and are committed to helping you with your own claim.

Contact Accident Claims’ Solicitors

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