1. What's the first thing you must do if you have a collision?
Seek medical attention. Ensuring your health and safety is always the number one priority. You must seek medical attention for any injuries that you or your passengers have sustained in the crash.
It is also important to seek emotional and practical support, particularly when the crash has resulted in serious injuries or the death of a loved one. MFMac is proud to partner with Brake, the road safety charity. Brake campaigns for safer roads and supports people who are bereaved or seriously injured after a road traffic crash. Although Brake is a UK-based charity, Brake's National Road Victim Service collaborates with the Foreign, Commonwealth and Development Office (FCDO) to help support those bereaved by a road traffic crash that occurred abroad. More information on Brake, the FCDO, and the support these organisations provide can be found in this useful article.
2. Do you have to report a road traffic collision?
Yes. It is important to assist with any criminal investigation or subsequent civil claim arising from the collision. You should report the crash to the local authorities in the country where it occurred. The rules on reporting a crash may vary depending on the country you are in, so it is important to do this as soon as possible. Once reported, request a copy of the police report, including the accident report number and any other documentation relevant to your report of the crash. If required, ask for an interpreter to assist with this to overcome any communication barriers. You should also obtain contact details for the police station to which you reported the incident so that, if required, you can contact them on your return to the UK.
3. What details do I need to report a collision?
Collect information. Collate as much information as possible about the crash, including the other driver's contact details, their vehicle registration information and insurance details. If there are any witnesses, be sure to take a note of their contact details too. Take photos of the collision area and the vehicles, if it is safe to do so. You should also ask any witnesses whether they have dashcam footage they would be prepared to provide to you. This information, alongside any evidence the police gather, will help to prove who was at fault in causing the crash.
4. Do I need to inform my insurance company or car rental company?
Yes. You should make your insurance company aware of the crash as soon as possible if you are driving your own vehicle abroad. Do not wait until you have returned home to do this, as there may be certain conditions attached to your insurance when driving abroad, such as deadlines for reporting a road traffic crash. This is also important to ensure you have cover for any medical expenses as well as future legal action, if required. Share all the information you have collated with your insurers.
If you are involved in a collision whilst driving a hired vehicle, you must contact the car rental company as soon as possible, after contacting the police. This will be much easier to do whilst you are still in the country where you hired the vehicle. Again, it is important to share with them all the information that you have.
5. When should I seek legal advice after a road traffic collision?
It is important that you seek legal advice from a solicitor at the earliest stage possible. The cross-border element makes these types of claims complex, so it is important that you obtain legal advice on the legal processes involved and your rights.
MFMac is experienced in providing advice to individuals who have been involved in road traffic collisions abroad. We will be able to advise you on whether it will be possible to raise a court action in the Scottish courts, or whether you will be required to raise a court action in the country where the collision occurred.
In the event we are unable to assist, MFMac is a member of Interlaw, a worldwide network of law firms who will be able to assist you with making a claim.
6. Can I claim compensation following a road traffic collision abroad?
The amount of compensation you are entitled to may differ from what you would receive if the collision occurred in Scotland. This will depend on the law of the country where the crash happened. There may also be limits to the amount of compensation you can recover. It is important to take advice from a solicitor to ensure you maximise the compensation available.
7. Will I need to raise legal proceedings?
In particularly complex situations, or where it has not been possible to resolve your case, it may be necessary to raise legal proceedings in a court local to where your collision occurred. In these circumstances, MFMac will be in a position to refer you to a suitably qualified lawyer who will be able to assist you.
8. What is the time limit on raising a claim following a road traffic collision abroad?
In Scotland, you have three years from the date of the crash to raise a court action. However, the laws in each country determine the time limit that applies. For example, whilst Spain typically allows one year to raise a personal injury claim, in France the period is usually ten years. In both countries, the timescale that applies depends on the circumstances of the claim. It is important to note that the time limit varies between countries, and you should take advice to ensure any time limits are complied with in good time.
The process for raising a claim abroad can be extremely complex, and the cross-border legal considerations will vary depending on the country where the collision occurred. MFMac is experienced in pursuing claims following collisions abroad and has acted for a number of individuals in these situations. We can provide advice on how to proceed with your claim to ensure you protect your right to make a claim and achieve the best possible outcome.
If you would like advice in relation to your potential claim, please do not hesitate to contact our experienced and friendly Personal Injury team for a free, confidential initial discussion.
