FAQs

* Don't I have to use a lawyer in the country where the accident took place? Answer - Thanks to on-going EU reforms, it is increasingly possible for such claims to be dealt with here in the UK using the English Court system. However where necessary, we work closely with lawyers based in the locality of the accident.

* Can you act for me on a No Win No Fee basis? Answer - Usually we will be able to agree a No Win No Fee arrangement to cover our charges (insurance and other costs may apply). We will go through all the options, and explain matters in detail should you decide to instruct us.

* Can I claim out of pocket expenses such as hire charges or treatment costs? Answer - Yes, but you may find the foreign insurer trying to argue that certain limits under the law of the place where the accident took place, should apply in order to limit your recovery. We will advise you about this as the need arise.

* Will the amount of my compensation for pain and suffering be decided according to English legal principles or law of the country where the accident took place? Answer - the general opinion is that for accidents occurring after 19 August 2007, the applicable law will usually be that of the country where the accident took place.

* Can I instruct another solicitor to make my claim rather than using Hughes Walker? Answer - yes, but please make sure they have sufficient experience and knowledge in dealing with cross-border personal injury claims. Cross-border claims involve increased complexity. Serving the legal proceedings on the foreign insurer may require careful compliance with the provisions of special regulations, and we are often required to provide to the foreign insurers with certified translations of the your claim documents. The foreign insurers may jump on any mistakes which it is very easy to make and at the very least this could delay your claim. Many if not most English solicitors have little or no experience dealing with such procedures.

* Will I have to visit a foreign medical expert or go to a foreign Court. Answer - foreign insurers often try to insist on this in order to put Claimants off pursuing their claims, however in our experience this can usually be avoided.

* How long will my claim take? Answer - theoretically, under EU law, if liability is not disputed then the foreign insurer should make a "reasoned offer" in settlement within 3 months of the full claims details having been presented, in practice our experience is that they often take much longer than this. Whilst some allowance should be made for the increased difficulties which the foreign insurer may face dealing with an overseas Claimant, we will do all that we can to speed things up and where appropriate we shall commence legal proceedings if you agree.

* If liability is disputed, will the case be dealt with in the foreign country where the accident took place? Answer - this is not normally necessarily.

* Will the foreign insurers pay my legal costs? Answer - They will often refuse to do so! We are used to dealing with these arguments and we will do everything we can to recoup any legal costs from the foreign insurers. In most cases we can act on a 'No Win No Fee' or fixed fee basis.

* Will I have to pay anything in advance on account of my legal costs? Answer - we do not normally require any up-front payments.

* It all sounds very complicated, is it really worth making a claim? Answer - Yes, you can be assured that we will do everything to keep your claim as simple and stress free as humanly possible. Please be assured that the vast majority of cases do get settled by agreement.

* Can I instruct Hughes Walker if my accident took place in England or Wales rather than in another European country? Answer - Yes - we also very experienced in dealing with such cases!