Can I claim for an accident abroad after Brexit?
Posted on 21st August 2019
We hear about deals and no deals and import and exports and immigration and it goes on and on but what hasn’t been discussed much is how a no deal Brexit could affect how cross-border motor claims are dealt with.
You may have heard of the Green Card Scheme which allows for cross border travel whilst protecting victims injured in their home country by a foreign registered vehicle. The Fourth Directive is another handy tool which assist victims who are injured whilst abroad. The problem we face is that whilst the Green Card Scheme should survive because its not an EU initiative the Forth Directive is, so it is likely to face disruption if Boris doesn’t get anywhere with Brexit negotiations.
The Fourth Directive enables victims to return home and then pursue a claim in their home country either via a local representative of the foreign insurer, or a special body known as the Compensation Body. If the scheme is not maintained post-Brexit, then victims will have no choice but to pursue their claims in a foreign country, in an unfamiliar language and I don’t know about you, but I fall into the typical Brit abroad category stumbling over “hi, how are you?” in most foreign languages never mind technical legal jargon.
Whilst the UK may well keep in line with the EU Motor Insurance Directives for the Fourth Directive to be maintained it would need the agreement of all of the other member states because it is based on reciprocal agreements.
Insurance companies, claim bodies and the like are all keeping a close eye on Brexit because it affects lots of things many people may not know existed never mind would be affected! For now though is personal injury as usual so if you have suffered from a personal injury and need expect advice contact us via 01995 602 129 or email enquiries@mglegal.co.uk.
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