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Road accident victims and a ‘no deal’ Brexit

Much has been made in the legal press of the Motor Insurers Bureau’s role in accidents abroad and in accidents here involving foreign drivers in the event of a ‘no deal’ Brexit.

Current arrangements enable UK residents injured in road traffic accidents abroad to bring claims here via locally appointed representatives. A situation which will end after the end of March if ‘no deal’ is achieved and we exit the EU.

In those cases the injured claimant will have to pursue their claim in the country where the accident occurred, with the need to appoint a foreign lawyer and understand a very different legal process.

But, what about the Civil Liability Bill?

The main thrust of this piece of legislation is to fundamentally undermine the rights of victims of road traffic accidents.

After April 2020 victims suffering soft tissue injuries only will not be able to retain a lawyer to run their case and will be entitled to recover compensation that could be as low as £225 (3 month pain and suffering).

So, however inconvenient it might be, a claimant who suffers whiplash in France, Spain or Germany will be much better compensated than a claimant injured in an identical accident on their local high street.

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