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The potential ramifications of Brexit on personal injury claims

March 2019 is the expected date that the UK will sever all ties with the EU. Already, we have such uncertainty throughout our economic and political sectors that it’s difficult to determine how this divorce will affect key areas of law and business.

Experts predict everyone will feel the impact of Brexit in 2019. But since many of our health and safety laws are connected with EU regulations and directives, could personal injury claims be one of the main areas affected?

 

Looking into how UK lawyers, clients and practices might change post-Brexit is law firm Tilly Bailey and Irvine — experts in medical negligence claims.

 

What is the current situation with EU directives and regulations?

 

Many people aren’t completely clear on what exactly EU directives and regulations are. To start, we’ll look at directives. Essentially, EU directives are legal acts and laws aimed at EU member states. Once enacted, every nation that is part of the EU must make them national law by a stated deadline. What does this mean for the UK? EU directives have been turned into laws using Statutory Instruments. This is a process that means the government isn’t required to create a new piece of law and get it passed through parliament every time a new legal act is created.

 

Contrastingly, EU regulations are more specific than directives. EU regulations are basically the minimum requirements and fundamental principles that members of the EU must follow once the legal acts are instated.

 

What are the main EU regulations and directives that could affect personal injury claims?

There are several EU regulations and directives in the UK. The main ones are:

 

Suffering an accident or injury abroad

 

When residents of the UK go abroad, whether travelling or on holiday, many rely on the European Health Insurance Card (EHIC) scheme. At the moment, this gives those from the UK the right to access state-provided healthcare whenever they are temporarily situated somewhere else in the European Economic Area. Approximately 27 million EHIC cards have been issued across the UK to date, so changes to this will be felt countrywide. EHIC cards are helpful in times when someone in the UK has an accident in a EU Member State, regardless of the extent of their travel insurance cover.

 

The EHIC scheme is very handy for giving UK citizens help and peace of mind when abroad in the EU, but there is also another law from the European “Sixth Directive” 2009. This helps passport holders of an EU country who have had an accident in an EU member nation which was caused by an uninsured driver. If an incident like this occurs, the person from the UK can make a claim and request compensation through the UK’s Motor Insurers Bureau (MIB). As a result, a process is started where the MIB seeks reimbursement from the equivalent office that is set up in the country where the accident took place.

 

Health and Safety at Work Act (1974)