Accidents in the European Community Compensation Claims

Should you suffer personal injury whilst in another country which is a member of the European Union, it may be possible to pursue a claim for compensation in the UK. This will depend upon the circumstances in which the accident occurred and the arrangements you had made for travel and accommodation.

Package Holidays:    Should your accident occur whilst on a package holiday or a package tour, it may be possible to pursue a claim for compensation against the tour operator within the UK for the negligence of the other party. In order to pursue such a claim however it must be established that the accident falls within the terms of the Package Travel, Package Holidays and Package Tours Regulations 1992.

Road Traffic Accidents:    Should you be involved in a road traffic accident in the European Union it will be possible to pursue a claim for personal injury compensation in the UK if the other driver was also from England or Wales; or alternatively driving on behalf of a company based in the UK. Should the accident occur during an excursion paid for as part of a package holiday, it may also be possible to pursue a claim in the UK if the Package Tour Regulations apply.

Where the other driver is not from the UK it may be possible to pursue a claim under the EU 4th and 5th Motor Insurance Directives. Under the terms of the Directives, the European Insurers would appoint a UK handling agent to deal with the claim in English although the level of compensation received would be determined by the law applicable to the country where the accident occurred.

Travelling to and from a Country in the European Union:   Should your accident occur whilst you are travelling to or from a country in the European Union, the possibility of pursuing a compensation claim in the UK will depend upon the circumstances of the accident and the mode of transport. Should you be travelling to or from the UK by plane or ship, any personal injury compensation claim will be governed by the Conventions applicable to international travel. Special rules apply to such claims although it should be possible to pursue the action in the UK. Different rules will apply if your accident occurred whilst travelling by coach or train although once again it may be possible to claim compensation in the UK if the travel was part of a package deal.

At Sintons our personal injury specialists can provide full advice regarding the prospects of pursuing a claim for compensation arising from an accident occurring in the European Union.

All personal injury claims in the UK are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.

To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.

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