If you are unfortunate enough to be involved in a road traffic accident in a foreign country, you need to keep in mind that the time period applicable to claim may differ depending on the country you accident is in.
Personal injury claims must be brought within what is known as a limitation period. This is the deadline you have by which to either issue Court proceedings or settle the claim. If you failed to issue Court proceedings within the limitation date, your claim would be statute-barred and you would not be able to pursue the matter any further.
In the UK
The limitation period in the UK is three years from the date of the accident. However, if the injured person is under 18, the limitation date will be three years after their eighteenth birthday.
Abroad
For those who are involved in a Road Traffic Accident abroad, most EU countries have different limitation periods:
- France – ten years from the date of the accident;
- Belgium – five years from the date of the accident;
- Germany – the end of the third year from the date of the accident.
- Spain – one year from the date of the accident.
As all countries have different periods, your solicitor will have to check this as quickly as possible once instructed.
My accident was caused by a driver based in the UK
Ellie Buckley
If your accident abroad is caused by a driver based in the UK you may in certain circumstances be able to pursue them in this country and the 3 year period will apply. Therefore, the earlier you instruct your Solicitor the better, given the short limitation period in certain EU countries, particularly Spain.
Should you require any more information, please do not hesitate to contact us on 0114 218 4000 or email info@tayloremmet.co.uk.
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