Accidents abroad—a practical guide
Produced in partnership with Sue Brown
Accidents abroad—a practical guide

The following PI & Clinical Negligence practice note Produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:

  • Accidents abroad—a practical guide
  • Road traffic accidents (RTAs)
  • Claims that can be brought in England and Wales and domestic law will apply
  • Claims that can be brought in England and Wales but applicable law will be of the country where the accident happened
  • RTA-accident abroad caused by uninsured negligent driver
  • Fatal RTA—claim brought by dependants in another EU country
  • RTA in an EU country where the claimant lived at the time
  • Expert evidence
  • RTA outside EU where ongoing losses suffered in England and Wales
  • Accidents while on holiday
  • More...

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering accidents abroad. For guidance, see Practice Note: Brexit—considerations for personal injury claims.

This Practice Note is intended to give practical tips on dealing with claims on behalf of clients injured in accidents abroad. It is not a definitive guide to the legal considerations to be taken into account and reference should also be made to the Practice Notes on jurisdiction and choice of law for more detailed guidance on these aspects.

See Practice Notes: Jurisdiction in foreign accident claims, Jurisdiction rules—personal injury and Choice of law in foreign accident claims.

Road traffic accidents (RTAs)

The most common type of claim is of course an RTA claim. Many people are injured in road accidents overseas either as drivers or passengers. Consideration needs to be given to whether:

  1. a claim can be pursued in the courts of England and Wales (jurisdiction)

  2. which law will be applied in resolving the dispute (applicable law)

Consideration should also be given as to the best option for the client. For example, applying foreign law may assist with liability and/or quantum in some cases.

See Practice Notes: An introduction to road accident claims in the EU and Applicable law for road accidents claims in the EU.

Claims that can be brought in England and Wales and domestic law will

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