How To Claim For A Car Accident With A Foreign Vehicle

Car accident with a foreign vehicle

Car accident with a foreign vehicle guide

Were you injured in a car accident with a foreign vehicle? Was the driver of the foreign vehicle at fault? Would you like to know if you have grounds to sue for compensation? If so, our guide on making a personal injury claim following a road traffic accident could help.

Within our guide, there’s information on the process of making a foreign vehicle accident claim, including the evidence you’ll need to provide to support your case. Our guide also discusses how much compensation you could receive for any injuries sustained as a result of another road user breaching their duty of care.

We’ll discuss the different harm you could have sustained, including whiplash injuries. Furthermore, we’ll explore how the introduction of the Whiplash Reform Programme (WRP) may affect your claim for these types of injuries.

In addition, you’ll find information on the role of the Motor Insurers’ Bureau (MIB) when making a claim for an accident involving a foreign vehicle.

You’ll also find advice on how a No Win No Fee agreement could benefit you if you’re hesitant to seek legal representation due to the costs normally associated with doing so.

After reading our guide, you can speak to a member of our team. They can provide free advice on whether you have grounds to claim. An experienced advisor will let you know how best to take your claim forward if you’re eligible to do so. Simply:

  • Call on 0800 408 7825
  • Fill out the contact form online
  • Speak with an advisor using the live chat function below.

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What Is A Car Accident With A Foreign Vehicle?

As per the Highway Code, all road users owe each other a duty of care. If they breach their duty of care resulting in you sustaining harm in an accident caused by their negligence, you may be able to make a claim.

A car accident with a foreign vehicle is treated much the same as any other road traffic accident. For example, you will need to demonstrate that negligence occurred by ensuring your case meets the following criteria:

  • Someone owed you a duty of care
  • Someone breached the duty of care they owed you
  • You experienced harm as a result

An example of a car accident caused by negligence might include a driver failing to adhere to the speed limits resulting in them knocking over a cyclist.

If you were in a similar collision with a foreign vehicle in the UK that caused you to sustain harm as a result of the other driver breaching their duty of care, get in touch with our team.

How Common Are Foreign Vehicle Accidents?

According to the Road Traffic Estimates: Great Britain 2019, foreign vehicles accounted for 0.3% of all road traffic using British roads.

When looking at the percentage by vehicle type, lorry traffic had the highest proportion of foreign-registered vehicles.

These statistics also found that the South East region in the UK had the highest percentage of foreign-registered vehicles on the roads during the same period.

The Green Card System Explained

The Green Card system was designed to meet two objectives:

  • Provide an internationally accepted document to prove the existence of insurance i.e. the green card or International Insurance Card and encourage the movement of vehicles across international borders.
  • Ensure victims of a vehicle accident with a foreign vehicle are not at a disadvantage when they seek compensation.

What Is The Purpose Of The Green Card?

A green card represents an internationally recognised certificate of insurance. The card proves that a foreign motorist has the minimum compulsory level of motor insurance cover that the country they’re visiting legally requires them to have.

However, there are certain countries, such as those in the European Economic Area (EEA) that are part of a green card free circulation area.

As such, motorists based in a country within the green card free area don’t have to carry a green card when travelling to other countries in the area.

For UK-based motorists, they require a green card when driving in any country that operates the Green Card system.

The Motor Insurers’ Bureau (MIB) is responsible for issuing Green Cards in the UK. The responsibility lies with national organisations in participating countries.

That said, many of these organisations choose to delegate the responsibility to insurance providers.

Where Does The Green Card Operate?

At the time of writing, the Green Card System is recognised in 48 countries that are represented by 47 National Insurers’ Bureaux. This includes, but is not limited to:

  • Countries that form the European Economic Area (EEA)
  • Switzerland
  • Russia
  • Andorra
  • Serbia

It is important that you obtain a Green Card where necessary because it acts as proof that you hold the minimum compulsory cover when visiting countries that operate the Green Card system. For that reason, it is essential when it comes to making a valid personal injury claim following a car accident with a foreign vehicle.

For further details, call our team on the number at the top of the page.

What Are The National Green Card Bureaux?

A Green Card Bureau or National Insurers’ Bureau is found in participating countries.

Their role is to guarantee that victims of a road traffic accident caused by a foreign vehicle will be awarded compensation. It allows the victim to claim compensation in the country where the car accident happened.

If you’d like more information on the role of the green card system and how it affects claims made following a car accident with a foreign vehicle, call our team. They could appoint an experienced car accident lawyer from our panel to help you with your claim.

Do I Follow The Pre-Action Protocols For Low-Value Claims?

The Whiplash Reform Programme made changes to the way claims are made for whiplash injuries sustained in accidents affecting passengers and drivers over the age of 18. The changes, which came into effect on the 31st May 2021, mean that injuries valued at £5,000 or less should be made through the government online portal.

However, as you are making a claim technically against a foreign vehicle these new reforms do not apply. Call our advisors for more information on how to get your claim for an accident with a foreign vehicle started.

Calculating Payouts For A Car Accident With A Foreign Vehicle

When you make a successful personal injury claim following a car accident with a foreign vehicle in England or Wales, your claim may comprise general and special damages.

General damages compensate for any physical and psychological injuries you sustained in an accident caused by someone breaching their duty of care.

Special damages allow you to seek reimbursement for any past or future monetary losses. For instance, you may have been unable to work while recovering from your injuries causing you to face a loss of earnings.

When calculating the value of your injuries, medical evidence may be considered to determine the severity and extent to which your injuries have affected your quality of life.

In addition, the Judicial College Guidelines (JCG) may also be used to help value your claim alongside any medical reports. If you are making a claim through the government portal as part of the Whiplash Reform Program these guidelines will not apply.

Our table below provides you with an idea of the compensation payouts that may be awarded for different injuries. The figures in our table are taken from the JCG. However, you should only use them as a guide because you’re actual settlement will vary.

Injury TypeFurther DetailsExample Compensation payout
Shoulder(c) Moderate: A moderate frozen shoulder injury where symptoms continue for up to 2 years.£7,410 to £11,980
Shoulder(d) Minor: (iii) A minor soft tissue injury that causes considerable pain but the person almost fully recovers within three months.Up to £2,300
ArmCatastrophic arm injuries that fall short of amputation£90,250 to £122,860
ArmLess severe arm injury where the claimant has suffered significantly. £18,020 to £36,770
Neck(a) Severe: (ii) Injuries might include a serious fracture that causes a considerable disability. £61,710 to £122,860
Neck(b) Moderate: (i) Neck injuries which could include a fracture or dislocation of the neck that requires a spinal fusion.£23,460 to £36,120
Post-Traumatic Stress Disorder: PTSD(a) Severe: The person will experience all aspects of their life being badly affected.£56,180 to £94,470
Brain Damage(e) A minor head injury where there is minimal brain damage.£2,070 to £11,980
Chest Injury(f) Injuries that result in collapsed lungs but where a full recovery is made without complications.£2,060 to £5,000

We have also provided information on the damages awarded for whiplash injuries as per the Whiplash Injury Regulations 2021.

Notes:

  • Regulation 2(1)(a) shows the amount paid in damages for one or more whiplash injuries.
  • Regulation 2(1)(b) shows the amount paid in damages for one or more whiplash injuries and one or more minor psychological injuries sustained in the same accident.
Length of time the injury lastedCompensation paid out under
Regulation 2(1)(a)
Compensation paid out under
Regulation 2(1)(b)
Less than three months£240£260
Greater than three months, but no longer than six months£495£520
Greater than six months, but no longer than nine months£840£895
Greater than nine months, but no longer than twelve months£1,320£1,390
Greater than twelve months, but no longer than fifteen months£2,040£2,125
Greater than fifteen months, but no longer than eighteen months£3,005£3,100
Greater than eighteen months, but no longer than twenty four months£4,215£4,345

Start Your Claim For A Car Accident With A Foreign Vehicle

A No Win No Fee service such as a Conditional Fee Agreement (CFA) is a legally binding contract. When you sign a CFA with a solicitor, they can begin work on your claim without asking for any upfront fees. The agreement also sets out the following terms:

  • You can avoid paying any ongoing costs that may incur while your claim proceeds.
  • You won’t need to pay solicitor fees if your claim is unsuccessful.

If your claim is successful, you will need to pay a success fee which is taken from your settlement as a percentage. The percentage is subject to a legal cap and is something your solicitor will make you aware of beforehand.

Our panel of personal injury solicitors take claims on this basis. If you’d like to find out more, call our team. An advisor can assess whether you hold a valid claim with a chance of success. If you do have valid grounds to seek compensation, they could appoint a solicitor from our panel. A solicitor can then start working on your case to help you get the compensation you deserve.

Alternatively, they can provide further clarification on the steps you should take following a car accident with a foreign vehicle. You can reach out to a member of our team by:

  • Calling on 0800 408 7825
  • Filling out the contact form online
  • Speaking with an advisor using the live chat function below.

Resources

Below, we have included some of our other guides that you may find helpful.

We have also included some external resources you may find useful.

  • See the government website for more road traffic accident statistics.
  • Visit the NHS website for any medical advice.
  • For more information on the role of the MIB in certain road traffic accident claims, visit their website.

If you have any further questions about the steps you should take following a car accident with a foreign vehicle. Please get in touch with our team on the number above.