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Mobility Car accident while abroad: what should you do?
August 5, 2024
Road accidents can happen at any time, even when you're on holiday abroad. In such situations, it is important to be prepared and to remember the best practices for documenting the accident and anticipating any potential problems. What documents should you have with you, and how should you fill in the accident report? We will guide you step-by-step through the best way to prepare for your trip and draw up a accident report in the event of an accident abroad.
Before you leave: what you need to know
Do you need an international driving licence?

Your Luxembourg driving licence, is, by international agreement, valid throughout Europe. If you are travelling within the European Economic Area (EEA), you will not need any additional document. However, if you decide to travel outside Europe, you will need an international driving licence. In Luxembourg, the international driving licence is issued by the ACL. Remember to indicate the country that you are visiting, as there may sometimes be specific differences (for instance, for Japan).  

What documents not to forgot?

Before taking your car abroad, you must be sure that you have the following documents with you:

  • Your driving licence or international driving licence if you are leaving the EEA.
  • Your insurance certificate (or green paper).
  • Vehicle registration documents.
  • A joint accident report form. It is important to know that the joint accident report form or European accident report is a harmonised document within Europe. The different categories of accident report will therefore be the same, regardless of the language in which the report is available. You can ask your insurer for copies before you leave, so that you always have one in the glove compartment.
Driving rules in different European countries

Certain rules may differ from one country to another:

  • The direction of traffic.
  • Speed limits on motorways.
  • Compulsory safety equipment.
  • Legislation and tolerance regarding the consumption of alcohol and drugs. Some countries have 0 tolerance, notably for persons who recently obtained their driving licences. 

Don't forget to find out everything you need to know before you leave. You can also read our article on the rules for driving abroad.

Check your car insurance and modify it temporarily if necessary

Is your car usually insured for at least third-party liability and assistance? It is possible to temporarily modify your car insurance contract. Remember to contact your insurer well in advance of your departure so that you can discuss and amend your policy with the appropriate cover for the duration of your stay abroad.

If you are responsible for an accident abroad, repairs to your own vehicle will only be covered if your vehicle has fully comprehensive insurance.

What should I do if I have an accident abroad?
Which law applies?

In the event of a collision abroad, the law of the place where the accident occurred will apply, whether for determining liability (applicable highway code) or compensation . The following are a few tips to ensure that everything goes as smoothly as possibles

Completing a joint accident report

There is no such thing as a joint international accident report. Joint accident reports are the same in all European countries, so it will be very easy for you to fill in a report even in a foreign language, as the sections are exactly the same.

To help you fill in your accident report as accurately as possible, please refer to our article entitled "The golden rules of the joint accident report". Here are a few reminders:

  • Remember to tick the right box, and if none of them apply to you, leave them blank and indicate the number of boxes ticked.
  • Portray the scene as precisely as possible on the sketch to describe the circumstances of the accident.
  • Take legible photos of:
    • the number plate of the other driver involved, as well as their insurance certificate and driving licence,
    • the place of the accident, 
    • the vehicles just after impact and the damage,
    • the driver's identity documents and the documents of the vehicle involved, that is to say the insurance certificate and vehicle registration document.
  • If a lorry is involved, we need a photo of the number plate of the cab of the towing lorry. We are not interested in any towed trailer, because it is the insurer of the cab that will be involved.
  • Take the time to see if there are any witnesses who can provide statements concerning  the accident. If there are any, taking their telephone number is not enough. You need to obtain something in writing with full, legible name and address.
  • You can fill in the comment box in your own language.

Do not trust what other drivers say. Demand to see and to take photos of everything. 
You can also refuse to sign the report, or the other driver can refuse. Keep your copy anyway and send it to your insurer.
The joint accident report is an essential document for determining who is at fault, and will therefore help to speed up the compensation procedure in the event of an accident.
 

Who should I contact if I have an accident abroad?
Call on the local authorities if necessary

If you think the situation is complex, do not hesitate to call on the local police. Similarly, in the event of a hit-and-run, remember to file a report with the nearest police station.

In some countries, the police will automatically draw up a report. However, even if the police do intervene, you must fill in a joint accident report, otherwise you will be liable for a hit-and-run accident.

Calling on assistance

Is your vehicle immobilised? Do you need a breakdown service, for it to be towed or a replacement vehicle?

An assistance number is indicated on your insurance certificate. You can call this number and assistance will contact a breakdown service, arrange for towing and provide you with a replacement vehicle if this is included in your covers.

You can also take out vehicle assistance cover in Travel insurance, which will cover you for occasional trips.

Send the joint accident report to your insurer within 5 days

You must send the joint accident report within 5 days of your accident.

How is an accident abroad handled?
Repairs

Is the damage to your car too extensive for you to drive it? Do you need repairs to be carried out? Contact your insurer, who will tell you the procedure to be followed in order to be able to have the repairs carried out and will provide you with a replacement vehicle if this is included in the covers you have taken out.

Is there only minor damage to your car and you can continue your holiday? Wait until you return to Luxembourg to have the repairs carried out.
Generally speaking, it is preferable to have your vehicle repaired in Luxembourg.

Compensation for a claim made abroad

Compensation depends on the law of the place where the accident occurred. How will this work?
Once you have submitted your joint accident report, your insurer will contact the representative office of the other driver’s insurance company in Luxembourg. Each insurance company is required to designate correspondents in each country, and it is these offices that will be responsible for settling international claims. 

This is particularly true at European level. Some countries (for instance Morocco) or insurers do not have representatives or correspondents in Luxembourg. 

Deadlines for compensation for a collision abroad

The insurer of the other driver involved, or its correspondent, has 3 months to reply, this may well be no more than an acknowledgement of receipt. It may therefore take at least 3 months to settle the claim.

What is the procedure if you have an accident in Luxembourg with a foreign driver?

Every day, a large number of foreign cars travel through the Grand Duchy of Luxembourg, whether they are cross-border commuters coming to work or vehicles simply passing through the country. Consequently, collisions with foreign vehicles in Luxembourg are frequent.

You must follow the advice set out above. It is essential for you to complete an amicable insurance report with the other driver, as clearly and legibly as possible, and to send it to your insurer within 5 days. Your insurer will then contact you to arrange any repairs or settle the claim with the representative office of the other driver's insurer.

As a reminder, if you are involved in a collision and your vehicle is damaged at the front and rear, you cannot complete a single accident report. You must complete 2 reports: one for the vehicle in front of you and another for the vehicle behind you.
 

What recourse do you have if the driver of the other vehicle has fled the scene?

If the driver of the other vehicle involved has fled the scene, you should first file a report with the police.

You must also make a declaration to your insurer.

There are insurers' guarantee funds in Europe and Luxembourg, so it is your insurer who will take all the necessary steps to obtain compensation. You should be aware, however, that the outcome of procedures involving guarantee funds are never certain, and without formal proof of a vehicle's involvement, there will be no compensation.

If the accident happens with a hire car: what happens?

When you hired the second-hand vehicle, the hire company probably suggested that you take out insurance. Many people refuse to take out this insurance on the pretext that paying with their bank card covers them. Before refusing all the covers offered, it is advisable to call your bank beforehand and check with them what is covered and what is not covered. You can then choose the insurance offered by the hire company with full knowledge of the facts.

As you can imagine, having an accident abroad can be a major source of stress. To save yourself as much hassle as possible, make sure you are properly insured when you set out. Do not hesitate to contact your insurer to temporarily modify your car insurance for the duration of your trip. And if you do have a collision, fill in an insurance claim as clearly as possible, so that you can determine who is at fault and get compensation as quickly as possible. In fact, the clearer the report, the easier it will be to investigate your case: a badly drafted report can cost you your liability and therefore your no–claims bonus.

This article was originally published in August 2023 and updated in August 2024.

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