Brexit: What does it mean for personal injury claims?

3rd Jul 2019

With Brexit currently looming large over the UK, we have sat down with McHale & Co’s personal injury experts to discuss the impact of leaving The EU will have on the industry, in particular being involved in an accident on the continent.

The current position: Personal Injury claimants in the UK have been protected in law by legislation that originated in Europe.  These laws include a myriad of safety at work regulations, including manual handling and control of asbestos, as well as consumer protection laws.

Post-Brexit: These laws will remain in place, unless the government wishes to amend or appeal them.  If the EU introduces new laws, the UK would have a choice on whether to adopt similar legislation.


What if I am injured abroad?

The current position: If you are involved in an accident whilst in Europe, liability is determined according to the health and safety standards of the country in which the accident took place.  A claimant can bring a claim when they return to the UK as any judgment obtained here can be enforced in the EU country where the accident happened.

If you are involved in a road traffic accident, you can submit details of your claim to the UK agent of the foreign insurer.

Post-Brexit: The Motor Insurance Directives and European Court of Justice that have administered the above processes will no longer apply, which would have the effect of making it difficult for UK claimants to make claims for compensation arising from accidents abroad.  The situation is uncertain and there have been calls for the government to take steps to maintain the status quo.

The government is advising those wishing to drive in Europe to ask their insurers for a green card or, alternatively, apply for an international driving permit (which is available from the Post Office).


McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, who can advise you about your claim, call 0161 928 3848 or email

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