How Will Brexit Affect My Right to Claim Compensation?

Now that the UK has voted to leave the European Union, how will it affect your right to claim compensation following a personal injury?

Reassuringly, in the short term, little is likely to change. We are yet to begin our exit from the European Union, and even once this process has begun, it is likely to take quite some time, as there is plenty of legislation in place that needs to be worked through.

The small claims limit

Prior to the Brexit result, the government had proposed some changes to the small claims limit, which would mean that you, the claimant, could only access legal representation for claims over £5,000. This would mean that if you suffered an injury such as whiplash, or even a broken collarbone, you would not be able to seek the assistance of a solicitor in order to get the compensation you deserve. These changes were set to come in imminently, however, due to the government’s focus on Brexit, we may see these changes being pushed back, which is a great thing for access to justice, and means you can still benefit from legal representation for claims of £1,000 and over.

It is worth bearing in mind though, that insurance companies, who originally called for the changes to the small claims limit, are likely to keep the pressure on to move these changes forward.

Rights at home and abroad

The wider implications of Brexit will become more apparent once we have begun the process of leaving the European Union. Over 70 per cent of our laws are linked in some way to the European Union and its directives, so any changes to the law are likely to take some time!

In the longer term, we could see some changes to the claims process for injured people. For example, there are currently many EU regulations in place that allow victims of road traffic accidents in the UK to sue insurance companies directly. Changes to these laws could affect how you can claim, what you can claim, and whether you can claim at all.

Brexit could also have an impact on British drivers in the EU, who have been injured by uninsured or untraced drivers while on holiday, who are currently protected under EU legislation.

UK workers could also be affected by Brexit. Employees who suffer accidents at work are currently protected by EU regulations which have significantly improved health and safety standards in the workplace.

At the moment, it is a waiting game. To what extent your right to claim compensation for a personal injury is affected is yet to be seen.

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