Title: Accident in Spain

Date: 30 November 2011

Accident in Spain

Question

This summer I was riding pillion with my fiancée in northern Spain when we were knocked off the hire bike by a Spanish taxi driver. Both of us were taken to hospital with injuries although fortunately they turned out to be “simple” fractures and we are now both pretty much back to normal. We were however in hospital for 3 days and our holiday was ruined. How do we go about making a claim for compensation?

Tessa Black, Leominster

Answer

The first thing to do is to find out who the handling agent is in the UK for the (I presume) Spanish insurer of the taxi driver. The Association of British Insurers can provide this information. You will need to obtain a copy of the police report from the Spanish police and get it translated. The report should make it clear whose fault the accident is so primary liability or fault for the accident should be able to be readily ascertained. The claim will then proceed with the UK agent for the foreign insurer.

There are some complexities in foreign claims such as often shorter time limits in which to commence a claim (e.g. Spain 1 year as opposed to England and Wales 3 years) and jurisdictional issues dealing with which country’s law applies to liability and quantifying the claim so expert advice is essential. Compensation levels vary widely across different jurisdictions.

View All