Travel, European Insurers and Cross Border Accidents
Actions against non UK Insurers in the Scottish Courts using the European Communities (Rights against Insurers) Regulations 2002, Rome II and E U Directives are becoming more common.
We represent Insurers where non UK residents have had road accidents in Scotland. In such actions, Scots law will apply.
Separately, we also act in cases where the accident has occurred outside the UK but the Scots Courts have jurisdiction by virtue of the Fourth and Fifth Motor Directives. If the injured party is domiciled in Scotland and the accident took place in another jurisdiction, an action can be raised in Scotland if the other jurisdiction allows direct actions against Insurers.
As a result, if an accident were to occur in for example Greece, Greek law may well apply to both liability and value even although the action is proceeding in a Scots court.