By Stephen Anderson. Last updated 20th October 2023. 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.
Below, we explain how to make a foreign vehicle road accident compensation claim.
We also explain how our panel of car accident solicitors can help you claim compensation today.
We operate a free helpline where you can get advice on your case. Simply:
- Call on 0800 408 7825
- Fill out the contact form online
- Speak with an advisor using the live chat function below.
Select A Section
- Can I Make A Foreign Vehicle Road Accident Compensation Claim?
- The Green Card System Explained
- What Are The National Green Card Bureaux?
- Do I Follow The Pre-Action Protocols For Low-Value Claims?
- Calculating Payouts For A Car Accident With A Foreign Vehicle
- Start Your Claim For 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 Long Do I Have To Make A Foreign Vehicle Road Accident Compensation Claim?
If you have been involved in a road traffic accident with a foreign vehicle while in the UK, you will only have a certain amount of time to start a car accident claim. The Limitation Act 1980 states that all personal injury claims must be started within 3 years of the accident occurring.
Under some circumstances, the time limit for making such a claim can work differently. If, for instance, the injured party lacks the mental capacity to start a claim, then the time limit is suspended indefinitely. A court-appointed litigation friend could make a claim on their behalf. If this doesn’t happen and the injured party later recovers this mental capacity, the 3-year time limit will begin from the date of recovery.
If a child has been injured, then the time limit for claiming does not activate for them until the day of their 18th birthday. Before that day, a claim could be made on the child’s behalf by a litigation friend. If this doesn’t happen, the injured party will have three years to start their own claim once they turn 18.
For more advice on making a foreign vehicle road accident compensation claim, you can contact our advisors.
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)
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.
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.
The Whiplash Reform Programme made changes to the way certain road traffic accident claims are made in England and Wales. Now, if the following points are applicable to you, your claim will need to be made via a different avenue:
- You are aged 18 or over.
- You were injured as a driver or passenger of a vehicle.
- The injuries you suffered are valued at £5,000 or less.
Your whiplash injuries will now be valued in line with the tariff found in the Whiplash Injury Regulations 2021. These are fixed amounts, and we have included some examples in the table below. Any other injuries you have suffered that are not covered by this tariff will be valued traditionally.
Contact our advisors today to see which avenue you should take when making your claim.
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.
|Example Compensation payout
|(a) Severe Injuries: Catastrophic arm injuries that fall short of amputation
|£96,160 to £130,930
|(c) Less Severe Injury: An injury that has caused significant disabilities, but a substantial recovery has taken place
|£19,200 to £39,170
|(a) Severe: (ii) Injuries might include a serious fracture that causes a considerable disability.
|£65,740 to £130,930
|(b) Moderate: (i) Neck injuries which could include a fracture or dislocation of the neck that requires a spinal fusion.
|£24,990 to £38,490
|Post-Traumatic Stress Disorder: PTSD
|(a) Severe: The person will experience all aspects of their life being badly affected.
|£59,860 to £100,670
|(c) Moderate: A moderate frozen shoulder injury where symptoms continue for up to 2 years.
|£7,890 to £12,770
|(b) Moderately Severe: The person will be seriously disabled and substantially depend on others for constant care. Disabilities may be cognitive or physcial.
|£219,070 to £282,010
|2(1)(b): A whiplash and psychological injury that lasts more than 18 months but less than 24 months.
|2(1)(a): A whiplash injury that last longer than 18 months but less than 24 months.
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.
Learn More About Foreign Vehicle Road Accident Compensation Claims
Below, we have included some of our other guides that you may find helpful.
- HGV and Lorry Accident Claims
- What Is The New Hierarchy Of Road Users?
- How Long After A Road Traffic Accident Do You Have To Claim?
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.