I Had A Car Accident With A Foreign Vehicle, How Do I Claim?
By Lewis Aaliyah. Last Updated 26th May 2023. Welcome to our guide on how to claim after a car accident with a foreign vehicle. Claiming compensation for injuries sustained in this manner can seem daunting, even if you’re already familiar with the process of claiming for a road traffic accident. There may be certain additional pieces of information you need to know compared to if you were hit by a domestic vehicle. For example, understanding how the Green Card System works is beneficial.
Car accident with a foreign vehicle claims guide
This article focuses on the process of claiming following an accident with a foreign vehicle. We aim to help you understand whether you’re eligible to claim and the compensation you could be awarded. However, if you have any questions or issues then please do not hesitate to get in touch.
Our advisors are available to help and once we know about your specific circumstances, we’ll be able to offer you personalised advice and guidance. We may be able to connect you with an expert personal injury solicitor if they find you have a valid claim. However, there is no obligation to take this step if you choose not to. Instead, an advisor can provide free legal advice on anything of which you’re unsure.
Reach out to us today to see if you could make a No Win No Fee claim. You can get in touch by:
- Calling us on 020 3870 4868
- Filling out our claim online form
- Using the pop-up chat window in the corner
Alternatively, continue reading for more information.
Select A Section
- What Counts As A Car Accident With A Foreign Vehicle?
- Explaining How The Green Card System Works
- Do Foreign Vehicles Need A Green Card To Drive In The UK?
- I Had A Car Accident With A Foreign Vehicle, Does The Whiplash Reform Program Apply?
- I Was In An Accident With A Foreign Vehicle – How Long Do I Have To Claim?
- How Much Could My Foreign Vehicle Car Accident Claim Be Worth?
- Talk To Us About Claiming For An Accident Involving A Foreign Vehicle
What Counts As A Car Accident With A Foreign Vehicle?
A car accident with a foreign vehicle could include those involving commercial vehicles such as HGV lorries. However, it is not only commercial vehicles that fall under the foreign category. There could also be vehicles belonging to tourists who have entered the country for things such as holidays.
There can be a great number of foreign vehicles in the country at any one time. Statistics in the International Road Freight Statistics, United Kingdom 2019 report show how many there were travelling to and from Great Britain over the year.
In 2019, the number of foreign-registered powered vehicles travelling to Europe sat at 1,923 thousand. Although, this was a 4% reduction when compared with the figure from 2018. However, this doesn’t take into account non-commercial foreign-registered vehicles.
A claim could be made for injuries sustained in a car accident with different types of foreign vehicles, provided you sustained harm as a result of another road user’s negligence.
Explaining How The Green Card System Works
In the following sections, we will explain the Green Card system and the role Motor Insurers’ Bureau (MIB) plays in foreign vehicle accident claims.
The Role Of The Green Card System
The Green Card system is in place to ensure that victims of accidents involving foreign-registered vehicles are not disadvantaged when they make a claim following a car accident with a foreign vehicle. It also facilitates the movement of vehicles across international borders by way of an internationally recognised document that proves someone has valid insurance. The issuing of green cards is the responsibility of motor insurers.
Additionally, there is a National Insurers’ Bureau in place for each country that handles claims made against foreign vehicles. They aim to recover compensation paid from the Bureau in place for the country where the liable vehicle is located.
For the UK, this responsibility is handled by the MIB so if you have been involved in an accident with a foreign vehicle, you could make your claim through the MIB.
Our team could connect you with a solicitor from our panel who handles these types of claims. For more information, call our team on the number above.
Which Countries Are Part Of The Green Card System?
The Green Card Free Circulation Area (GCFCA) includes all 30 countries in the European Economic Area as well as other countries such as:
- Andorra
- Bosnia and Herzegovina
- Montenegro
- Serbia
- Switzerland
This means green cards are not needed for drivers based in these countries travelling through the GCFCA. If you’re unsure whether you need a green card before travelling to another country, you should speak with your insurance company for more information.
Do Foreign Vehicles Need A Green Card To Drive In The UK?
Foreign vehicles need the relevant insurance policies in place in order to drive in the UK. In some cases, this may mean they require a green card if they are travelling from a country that isn’t part of the GCFCA.
However, if they are travelling from a country that is part of the GCFCA, they won’t require a green card. This is because the UK is also part of the free-circulation area.
If you were involved in a car accident with a foreign vehicle who didn’t have the correct insurance or green card, call our team. They can provide further guidance on the next steps you could take.
I Had A Car Accident With A Foreign Vehicle Does The Whiplash Reform Program Apply?
Certain low-value road traffic accident claims now need to be made through a government portal due to changes made as per the Whiplash Reform Programme. The changes apply to drivers and passengers of vehicles over the age of 18 who sustain injuries that are valued at less than £5,000.
However, there are certain criteria that if applied to the parties involved, makes them ineligible to claim in this way.
Being involved in a car accident with a foreign vehicle is one of those instances. If the car that hits you is registered outside of the UK, then the whiplash reforms won’t apply to you. Instead, you could make your claim through the MIB to seek compensation for injuries you have suffered.
Other things that can make you exempt from claiming through the government portal. These might include:
- If you’re under 18 years old
- Your injuries are valued at more than £5,000
- If you are a cyclist, pedestrian, or another road user other than a driver or passenger
You could still make a claim if you are exempt from doing so through the government portal. If you have any questions, get in touch with us today.
I Was Involved In An Accident With A Foreign Vehicle – How Long Do I Have To Claim?
If you are eligible to make a personal injury claim following an accident with a foreign vehicle in England, you’ll need to make sure you start legal proceedings within the limitation period. This is set out in the Limitation Act 1980, which states that you will generally have three years to start a claim from the date of the accident.
However, for claimants under the age of 18, the time limit is paused until their 18th birthday. From this date, they will have three years to start a claim. Prior to this date, a court-appointed litigation friend could make a claim on their behalf.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. During this time, a litigation friend could claim on their behalf. If they were to regain this mental capacity, they would have three years to start a claim from the recovery date if one has not already been made.
If you have been involved in a road traffic accident with a foreign vehicle in England and are unsure whether you could make a personal injury claim, you can contact our advisors.
How Much Could My Foreign Vehicle Car Accident Claim Be Worth?
The compensation that’s awarded to you for injuries you may have sustained following a car accident with a foreign vehicle is covered by general damages. The value of this sum is dictated by things like the severity of your injuries, the length of your recovery and the effect the injuries have had on your quality of life.
Medical evidence may be used to assess the nature of your injuries when valuing the amount you may be owed in general damages.
Your injuries may also be valued with the assistance of the Judicial College Guidelines (JCG). This is a publication containing various bracket compensation amounts regarding certain injuries.
We have included some entries from the JCG in the table below. The figures are just guidelines, and this is important to remember. Each claim is unique, so some circumstances may result in a certain injury being valued higher or even lower than the range suggested in the JCG.
| Injury | Description | Amount |
|---|---|---|
| Arm | (a) Loss of both arms | £240,790 to £300,000 |
| Post-traumatic stress disorder | (a) Severe – The victim will be permanently affected. | £59,860 to £100,670 |
| Brain damage | (c) Moderate – (iii) Memory/concentration will have been affected, along with the ability to work. | £43,060 to £90,720 |
| Chest | (c) Ongoing disability may be caused by damage to the lung(s)/chest. | £31,310 to £54,830 |
| Hand | (f) Several fingers severely fractured | Up to £36,740 |
| Arm | (d) Forearm fracture of a simple nature | £6,610 to £19,200 |
| Shoulder | (e) Clavicle fracture | £5,150 to £12,240 |
| Psychiatric damage | (d) Less severe – The amount awarded will reflect how long the person was affected. | £1,540 to £5,860 |
| Neck | (c) Minor – (iii) Examples may include a minor soft tissue injury that someone completely recovers from within three months. | Up to £2,450
|
| Teeth | (iv) Where back teeth are lost or damaged. | £1,090 to £1,710 |
Special Damages
You could also be entitled to claim back additional costs under special damages. These are to reimburse you for any money you have lost as a result of your injuries. Some examples might include:
- Medical expenses
- Travel costs
- Loss of earnings
- Damage to personal property
- Adaptations to your home
You will need evidence of these expenses. Receipts and payslips can work well as proof. Get in touch if you require more insight into what else can be included as part of a special damages payment.
Talk To Us About Claiming For An Accident Involving A Foreign Vehicle
If you’ve been in a car accident with a foreign vehicle, then enlisting the services of a personal injury solicitor could make the process easier to understand. All of the lawyers on our panel offer No Win No Fee services, such as a Conditional Fee Agreement (CFA).
Working in this way means that you only have to pay your lawyer if your claim is successful and you are awarded compensation. This is done by a small percentage, known as a success fee, being taken from your compensation. The percentage is capped by law.
If your claim is not successful when operating under a CFA, then you aren’t required to pay your lawyer a success fee.
Get in touch today to see you could make a No Win No Fee claim with a solicitor from our panel. You can contact us by:
- Calling us on 020 3870 4868
- Filling out our claim online form
- Using the pop-up chat window in the corner
Where To Read More
Follow the links below for more information.
- Our guide on seeking compensation by making a holiday accident claim.
- An article of ours on claiming compensation for car accident injuries.
- A general guide on using road traffic accident solicitors to make your claim.
- Find out how to apply to act as a litigation friend to claim on behalf of someone else.
- Read about recent changes to the Highway Code.
- NHS information on broken bones.
Thank you for reading our guide on how to claim if you’ve been involved in a car accident with a foreign vehicle. We hope this guide has covered the information you need, but if you have any additional questions, call on the number above.
