Skip to main content
CAT event update
For the latest on the Turkey earthquake, please visit our event page.
Learn more
  • Select a Site Blog
    US-Global
    Canada en fr
    United Kingdom
    Australia

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de

     

    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan
    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt

     

    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de
    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan

     

    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt
    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    Specialty Sites

    • Broadspire
    • Catastrophe Services
    • Contractor Connection
    • Crawford Blog
    • Crawford GTS
    • Crawford Legal Services
    • Investor Relations
    • WeGoLook
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
Crawford & Company logo
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    Global Loss Adjusting Preview Cards 480X270

    When loss occurs, Crawford is there with the right team, the right technology, and the right processes to help you restore and rebuild.

    Global Third Party Administration Preview Cards 480X270

    From loss adjusting to medical management to managed repair and more, Crawford delivers effective TPA solutions to save you time and money.

    Global Managed Repair Preview Cards 480X270

    Deliver a world-class experience to your customers from first notice of loss all the way through to finished repair.

    Global Medical Management Preview Cards 480X270

    A comprehensive set of clinical management programs focused on compassionate care.

    Global Wegolook Preview Cards 480X270

    Bringing the gig economy to the enterprise to deliver faster, more cost-effective results.

    Global Catastrophe Services V1 Preview Cards 480X270

    Industry-leading adjusters combined with innovations in technology and workforce management deliver value to clients when they need it most.

    Service Catalog

    Get details on all of Crawford's services in our easy-to-navigate online catalog.

    Explore our services

  • Industries

    Insurance & Risk

    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market

    Other Industries

    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
    Global Insurance Carriers Previewcard

    Optimize your claims processes and delight your customers.

    Global Insurance Brokers Previewcard

    Backed by our innovative array of services, you’ll always be the hero to your clients.

    Global Corporates Previewcard

    Comprehensive solutions for businesses in any industry.

    Global Preview Card Lloyds 480X270

    Exceeding expectations for syndicates, brokers, insureds, coverholders, and MGAs.

    Uk Agriculture Preview 480X270

    Understanding the ever-changing risks of the modern rural economy.

    Global Construction Previewcard

    Specialized expertise for those who build.

    Camera man filming a scene in a doctor's office

    Navigating the complex landscape of production risk.

    Aerial view of city

    Supporting the unique and ever-changing risks of financial institutions.

    Group of healthcare professionals meeting

    Delivering on our mission so you can focus on yours.

    Global Hospitality Preview Cards 480X270

    Driving efficiency, building customer satisfaction and protecting your brand.

    Batteries on a conveyor built in a manufacturing facility

    Keeping the engine of commerce running.

    Uk Marine Transportaion Preview 480X270

    Expert service in a complex, large-scale and high-profile sector.

    Mining equipment outdoors

    Global expertise for large-scale operations.

    Solar and wind farm

    Knowledge, skills and experience in energy, power generation, and renewables.

    Ornate columns outside a government building

    Innovation and data-driven efficiencies deliver value for public entities.

    Global industry real estate preview

    Exceptional service, information and reassurance in a fast-paced business.

    Delivery truck unloading at a commercial loading dock

    Managing risk in one of the world's largest industries.

    Global Transportaion Preview Cards 3 480X270

    Frictionless intake, rapid response, and comprehensive coverage.

  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
    Global Innovation Preview Cards 480X270 V2

    We’re not just embracing change, we’re leading it.

    Global innovation asservio preview

    Leading-edge estimate review technology that eliminates friction and ensures faster, more accurate property repair estimates.

    Global code preview

    Streamlined, accurate estimating from a single source.

    Global Wegolook Preview Cards 480X270

    Combining technology with an on-demand workforce to help businesses gather and validate information anytime, anywhere.

    Global yougolook preview 1 480x270

    Empowering policyholders to safely submit their own claims data.

    Global innovations 3d property scan previewcard

    Get a detailed report with measurements and information about the exterior of a property by taking just a few perimeter photos.

    Digital desk preview 480x270

    Access next-gen claims processing

    Global digital assist preview card

    Using Digital Assist, adjusters can quickly and easily request the individual services they need to close claims.

    Global Tru Look Preview Cards 480X270 V2

    Claims handling that adapts to your needs.

    Global Preview Recall 360 480X270

    Helping you prepare for and respond to any product recall.

    Global Escape Of Water

    Combining IoT technology with IICRC certified water loss specialists to deliver rapid and reliable response.

  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Investors
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
    Global Our Story Preview Cards 480X270 V2

    Learn about Crawford's mission, vision, values, and the over 75 years of history that have made us who we are today.

    Global Locations Preview Cards 480X270

    With hundreds of offices and service centers around the world, Crawford is everywhere you need to be.

    Global leadership previewcard 2 480 X270

    Crawford’s strong and seasoned leadership team leverages its extensive knowledge and industry experience to drive our business.

    Global Investors Preview Cards 480X270

    Visit Crawford's investor relations website for news and information relevant to our shareholders.

    Global gcr preview 480x270

    We strive to make a positive impact on the communities in which we live and work.

    Global Preview Careers 480X270 V2

    At Crawford, employees are empowered to grow, emboldened to act and inspired to innovate. Won't you join us?

    Global Press Preview Cards 480X270

    Discover recent placements, company news and additional Crawford resources.

    Global Blog Nav Preview

    The Crawford blog publishes regularly on our people, our company and the industries we serve.

    Global Contact Us Preview Cards 480X270 V2

    We’re here to help! Team members around the world are standing by to assist you and your business.

  • Resources
  • Free Consultation
  • Home
  • Blog
  • Post
  • Blog
  • Post
  • Category:
  • All Categories
    • Company
    • Expertise
    • Innovation
    • People
    • Services
    • COVID-19
    • Legal Services

Wednesday, May 05, 2021

Brexit: cross border motor travel

Blogpost feature image brexit eu

The Fourth Motor Insurance Directive (“Motor Directive”) was of great benefit to individuals, residents and domiciled in the UK, but who had been involved in a road traffic accident in a European member state. The legislation strengthened the rights of injured parties and simplified their route to compensation.

The Motor Directive conferred a direct right of action and thereby allowed UK nationals, living outside of the home country of the at-fault motorist, to sue the at-fault motor insurer directly in the UK. The Motor Directive required each motor insurer in the European Union to have a claim handling representative in each Member State in order to deal with injured person’s claims and made it possible for an injured person to enforce a judgement against an at-fault motor insurer.

Pre-December 2020, if, for example, an individual was resident and domiciled in the UK but had been involved in a road traffic accident in Spain, proceedings in English could be served, in the UK, on the nominated UK based claims handling agent of the Spanish defendant’s motor insurer, as opposed to in Spanish and served on the foreign motor insurer in Spain.

Brexit marked a fundamental shift in the rights of individuals, injured by negligent foreign third parties. For those that failed to issue their claim before the 31st December 2020, they now face a much bumpier route to recovering compensation. Of course, those claims that were seized by the UK court before 31st December 2020 will continue as before.

If an individual now wishes to pursue a claim, they will no longer be able to serve the UK claims handling agent with proceedings. The claim will now have to be brought in the Member State where the accident occurred; either against the at-fault driver directly, if they have been identified, or the at fault motor insurer in the Member State where the accident took place (if a direct right of action is permitted, which will be determined by the applicable law of that jurisdiction.)

As with most things there are exceptions. In some instances, it may still now be possible for an injured individual to bring a claim against a foreign insurer within the jurisdiction of England and Wales. However, any such claim will now be subject to common law rules; meaning that the claim must “get through” the tort gateway of damage being sustained in England and Wales. This can include costs of treatment and care etc. If they are successful, the claimant must then show that England and Wales is the appropriate forum in which to hear the claim. If liability is denied, it will hardly ever be deemed to be the appropriate forum. However, if liability is admitted, and/or any witnesses are located in England and Wales, then the English courts may accept jurisdiction. The difficulty is that we do not know how the courts will approach this as there haven’t been any higher court decisions on this point, as of yet.

An injured party also will need to incur the additional rigmarole, costs, time and uncertainty of doing so, so that other parties/their representatives are aware of the courts approach. If you were an injured party, would you risk it?

The final option is to bring the claim against the Member State’s Motor Insurers’ Bureau (“MIB”) equivalent (if the other driver is uninsured or unidentified.) The difficulty here is that each member state MIB equivalent pays compensation in different and sometimes only limited circumstances. For example, only to their own residents or where the at-fault driver is uninsured. In an attempt to ensure that UK citizens can still be compensated following a no-fault accident in a European member state, the MIB in the UK is working to sign agreements with member states. The fundamental success of these agreements, however, depends upon the reciprocal agreements between Compensation Bodies and Guarantee Funds. Although the MIB is making good process, a reciprocal agreement may not be possible with each and every member state. France is one such country: so, potentially, a UK national injured by an uninsured vehicle in France will now find that they would not be able to pursue a compensation claim at all.

Until the reciprocal agreements are finalised, a UK citizen injured in a road traffic accident abroad, will now need to sue the foreign at-fault driver, directly, in the Member State where the accident occurred. Any compensation will be assessed under the law and regulation of that country.

Inevitably, this will create many challenges, such as, an increase in costs of pursuing the claim as the input of foreign lawyers will be required, even more so than before, injured parties may need to return to the country where the accident happened for medical examinations and for reports to be prepared, the recovery of legal costs may either be limited or non-existent in other jurisdictions, coupled with, delays generally in the resolution of claims, as well as the potential that the majority of claims will now not succeed, let alone “get off the ground” if an at-fault driver cannot be identified.

The position may also potentially change again depending upon whether the EU agree for the UK to accede to the Lugano Convention. Prior to Brexit, reports were positive that the EU would agree for the UK to accede to Lugano, which would, in effect, put the UK back in the position it was in prior to Recast Brussels (please see our earlier article: “Brexit: Uncertainty over cross-border disputes” for more detail) and would be quite similar to the UK’s pre-Brexit position. However, it has been reported more recently that some key EU members firmly object to the UK’s accession to Lugano. It remains to be seen whether the European countries will co-operate, in time, and allow accession or not. If so, we remain in the position, as is, which is much more complicated, unclear and cumbersome on injured individuals compared to before.

If you’d like to discuss your cross border dispute, get in touch:

Yvonne Firth
Solicitor, Travel Law Team
Crawford Legal Services UK
E: yvonne.firth@crawco.co.uk

Related posts

Blog Brexit Crawford Ready Feature

Monday, March 11, 2019

Brexit — Crawford is responding

Read more about Brexit — Crawford is responding
Blog Brexit Crawford Ready Feature

Tuesday, October 15, 2019

Brexit: looking beyond the deadline

Read more about Brexit: looking beyond the deadline
Blog Brexit Ready Feature 1000X500

Monday, March 04, 2019

Crawford Marine and Transportation is Brexit ready

Read more about Crawford Marine and Transportation is Brexit ready

Crawford & Company logo

Services

  • Loss Adjusting
  • Third Party Administration
  • Managed Repair
  • Medical Management
  • On-Demand Services
  • Catastrophe Response
  • Full Service Catalog

Industries

  • For Carriers
  • For Brokers
  • For Corporates
  • For the Lloyd's Market
  • For Construction
  • For Healthcare
  • For Hospitality
  • For Transportation

About

  • Our Story
  • Our Locations
  • Leadership
  • Global Citizenship
  • Careers
  • Press
  • Blog
  • Contact

Legal

  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Employment Policy
  • EU Privacy Notice
©2023 CRAWFORD & COMPANY. All Rights Reserved.
  • Home
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    • Full Services Catalog
  • Industries
    • Insurance & Risk
    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market
    • Other Industries
    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
  • Resources
  • More from Crawford
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • Search for Expertise

Interested in learning more?
Get a free consultation with one of our experts.

Complete this form and we’ll get back to you at the contact details provided.