Will Brexit affect the future of personal injury claims?

March 15, 2018

Many lawyers across the UK are concerned with the impact Brexit will have on future personal injury claims. Law firm, Tilly Bailey and Irvine – experts in medical negligence cases – has looked into how UK lawyers, clients and practices will adapt to a post-Brexit climate

Back in 2016, the UK made the decision to exit the European Union and announced that March 2019 will be when the UK leaves. Since then, there have been ongoing talks to decide how the UK will divorce the EU and these discussions have stimulated major uncertainty as to how the UK’s law and businesses sectors (including personal injury claims) – amongst other key areas of the economy – will be affected.

The current state of affairs

At the moment, EU directives are legal acts and laws that require every member state of the EU to uphold and turn into a national law by a stated deadline.

What this means for the UK – this process allows the legal act to bypass British parliament and does not need the UK government to create new pieces of legislation every time that a new legal act is created.

EU regulations and directives that could affect personal injury claims

Suffering an accident or injury abroad: For many Brits travelling abroad, the European Health Insurance Card (EHIC) scheme, acts as a safety net to avoid astronomical medical fees in the event of an accident or emergency whilst away from the UK. The card provides those from the UK, with the right to access healthcare whenever they are temporarily visiting somewhere else in Europe, regardless of their travel insurance cover.
UK citizens abroad are also protected by the ‘Sixth Directive’. The law protects EU country passport holders who have found themselves in an accident caused by an uninsured driver. The UK person can make a claim for compensation through the Motor Insurers Bureau (MIB).

2. Health and Safety at Work Act: The 1974 Health and Safety at Work Act, safeguards employees and employers across the EU by making sure the correct procedures are in place.

3. Consumer Protection Act: The Consumer Protection act, 1987 ensures product safety for all buyers of goods and services across the European Union. The act was passed after the 1985 directive ensuring strict liability for producers of substandard products.

Life after Brexit

Although the future remains uncertain, there is still hope that the UK will make the best decisions to avoid a chaotic break-up from the EU. In order to maintain the UK’s future stability, the government will look to replace the current EU laws with manageable and working alternatives to suit the UK’s needs.

However, positive strides in terms of the EHIC card scheme which will benefit the personal injury claims sector have already been discussed. A deal in principal amongst negotiators in Brussels have agreed to allow British pensions who have retired abroad to use their EHIC card when visiting other EU nations.

Only time will tell exactly how personal injury claims will be made and how lawyers will be able to help their clients post-Brexit.

Visit TBI Law’s website: www.tbilaw.co.uk