Don't Delay Call Today 0161 762 4949

or text 4949 to 88802

(standard network rates apply)

Insurance claims in the EU after Brexit


You cant help but have noticed recently, that the Prime Minister, Boris Johnson has stated that Britain will leave the EU under deal or no deal in October 2019. Even if that is delayed until 2020 it now seems likely that the Britain will leave the EU at some point soon.

Britain leaving the EU means a number of loopholes will emerge which, in near future, may leave the UK residents involved in road traffic accidents (RTAs) in the EU in an uncertain position.

At present, citizens of the EU have ‘choice of law’: a judgement in one EU member state can be enforced in another. Therefore, if a UK resident is injured in an RTA in the EU, in most circumstances, he can bring and pursue his claim for compensation in the UK courts in the same manner as if the injury had occurred in the UK. It is a requirement for the EU insurers to appoint their claim handling agents in the member states to deal with motor insurance claims. Accordingly, the Claimant’s lawyers can pursue the claim through the UK representatives of the EU insurers. A non-fault injured person or party can recover his due compensation and legal costs upon successful settlement of the claim. If the third party driver happens to be uninsured/untraced, the Claimants lawyers can pursue their clients’ claims in the UK directly through the Motor Insurers Bureau (MIB).

As Britain leaves the EU (with or without a deal), it is probable that little change will be noticed immediately as many Personal Injury laws originate from the European Directives and domestic laws implement EU Directives. However, it is unclear how UK’s laws and court decision dealing with the road traffic accidents will be implemented in the EU.

As matters stand now (not much information has been disclosed by the government on this issue), Britain leaving the EU would mean that  a UK resident involved in an RTA in the EU is unlikely to get due compensation for a number of the reasons, such as, the EU insurers will be under no obligations to appoint their representatives in the UK, the Claimants will be unable to make claim via the MIB and the UK courts’ judgements will not be enforceable in Europe etc.

It is worth noting that National Insurers’ Bureau (Green Card Bureau) guarantees that a victim of a road traffic accident caused by a foreign vehicle, originating from a country participating in the Green Card system, will be compensated in the ‘country of accident’. Therefore, a Post-Brexit UK Claimant will be required to bring his claim in the territory where the accident had happened. Although the Green Card Bureau guarantees compensation, yet a UK resident will be asked to cross a number of undesired bridges in coming days including; delays, expense of bringing a claim using a foreign lawyer, using a different language, unwished-for travels to and from the country of the accident, and far most important, the issue of recoverability of litigation cost & the amount of compensation. In many EU member states the injured persons has to pay for his own legal advice and representation (occasionally part, or, sometimes in full) which from time to time is irrecoverable from the Defendant even though if a claim is successful.

The above factors can reduce the overall level of damages a Claimant will ultimately receive after paying his expenses and legal costs. Likewise, the UK lawyers would be unable to act for the Claimants in small value claims (amounting up to few thousand pounds) for the similar reasons they will have to face once the Civil Liability Act 2018 kicks in after April 2020.

The current state of government affairs suggests in the upcoming months victims of road traffic accident in the EU may be left to accept their unfortunate accident as ‘an act of God’ (which is also a clause in an insurance policy designed to protect insurers from paying out in ‘certain’ circumstances). In case of a ‘No deal’ or a ‘Poor deal’ the UK victims of RTA in the EU are likely to face severe injustice.

Uncertainty and ambiguity surrounds the post-Brexit affairs. In order to preserve the UK citizens’ rights in the EU the Department for Transport and the MIB need to work to ensure that bilateral agreements are in place with EEA countries. Therefore, for the time being it is ‘wait and see’ sitation and only time will tell exactly how UK citizens’ claims in the EU will be made after Brexit and how UK lawyers will be able to help Claimants in these matters.

We at Recovery Assist will be keeping a close eye on this issue as it continues to develop!

Don't Delay Call Today 0161 762 4949

or text 4949 to 88802

(standard network rates apply)
Start My Claim Now
Name (required field)
Valid email required!
Telephone Number (required field)
Number required!
Best Time To Call You
Please re-type the code
Please re-type the code   Refresh Required!

What Is My Claim Worth?



Dawn Gallagher

"I would like to thank Recovery Assist for their service.  It’s been a pleasure meeting the staff and their service was top notch; I was very pleased with the outcome of all their hard work and what has done for me.  Thank you lots."

Mr R.C

"Recovery Assist has been fantastic and I am extremely satisfied with the services I have received. I couldn’t have asked for anything better!  Great work!"

Stuart Forster

"Outstanding work and Aidan has been amazing.  I have other work being dealt with by him and I would not hesitate to use Recovery Assist again."

Maria Riches

"Faultless.  Very impressed with the service."

Lynne Woodward

"The service you provided was very professional; I cannot fault it in anyway at all. I think your staff are a credit to you. Would definitely recommend your services. "

Linda Spruce

"Excellent service, the staff were very professional and explained everything to me with regards my claim. I would definitely use Recovery Assist again."

Margaret Povey

"I would like to thank Recovery Assist very much for the fantastic service you have provided for me and the final outcome.  I will be recommending you to my family and friends."

Miss L. H

"At first I was wary of using a service that I found on the internet but the quality of the service was outstanding.  I cannot emphasise enough that every aspect of the service was excellent from the politeness of anyone answering the phones to the quality of service from the staff members.  Many thanks.  Highly recommended company."

Graham Hornsey

"I was very happy with the excellent service I received. The staff were always very helpful and kept me well informed of the progress of my claim.  Thank you."

Brian Flanagan

"I’ll take this opportunity to thank yourself and your staff for the support and help you have provided during this period.  All queries were dealt with in a friendly and efficient manner and made this, my first accident in 50 years of driving, much easier to deal with.  Much appreciated."

Philip Stirzaker

"Thank you Recovery Assist for such a fast and efficient solution to my claim."

Michael Lavery

"I found Recovery Assist very helpful with all my case work and keeping me up to date."

Paul Curtis

"Thank you for making the whole process so straightforward and hassle-free."

David Anglin

"The staff at Recovery Assist were always very prompt in answering calls and providing me with information which I needed."

Debra Gillibrand

"Recovery Assist has been great all the way through.  If my case and the way it was handled are anything to go by then they will do very well."

Gary Wignall

"Recovery Assist made everything so simple after my traumatic experience.  You can trust their service 100%!"

Nick Reed

"Excellent speedy service. Thanks!"

Peter Burchill

"Thanks for all your help in getting my case sorted and arranging physio for me.  The claim was handled professionally and in a timely manner."