Claiming for Traffic Accident Claims Abroad
Many people are unaware of their rights and entitlements if they have sustained an injury or been involved in a road traffic accident while in another EU country. An injured party may be able to bring a claim in their country of origin if the accident occurred within the EU.
Rights for victims of a road traffic accident in EU countries
The EU Forth Motor Insurance Directive (2000/26/EC) affords victims of road traffic accidents which occur within the EU, the right to bring a claim against the defendant and the defendant insurers in the country where the claimant (injured party) resides rather than where the accident occurred.
There are a number of factors which need to be assessed when bringing a claim for personal injury in Ireland arising out of an accident abroad:
- There may be different time limits within which to pursue an injury claim. The Statute of Limitations in Ireland allows a claimant two years within which to bring a claim for personal injury, however, this time limit will differ depending on where the accident occurred.
- Another important consideration is how much will be awarded to a claimant. The amount will be set by the laws of the country in which the accident occurred (there are of course exceptions to this rule as can be seen in the case of Kelly –v- Groupama).
There are various complex issues to be addressed when dealing with an accident abroad and it is therefore advisable to consult a solicitor as soon as possible to find out what your options are. If you happen to have personal accident insurance it is imperative that the insurance provider be notified of the accident immediately in order to comply with their notification requirements. Many insurance companies will not indemnify their insured if they have not been notified of the accident within the timeframe specified in each individual policy.
Conflict of Law Between EU Countries
Where there is a conflict of law between two EU countries the Rome II Regulation (EC) No. 864/2007 can be of assistance. The law to be applied in each case will be determined by a list of priority:
- The law of the country within which the accident took place.
- The law of the country where both parties were habitually resident.
- The law of the country with which the case is more closely connected.
If you or someone you know has been involved in a cross-border accident and would like to talk to a solicitor experienced in this area, call us on 01 453 7890 or alternatively email us at info@lawline.ie . You can also tell us about your case online and start your claim today.
Case Study; Kelly V Groupama
Road accident for Irish citizen on holiday in France
In the case of Kelly v Groupama the Plaintiff, who was an Irish citizen, was on holidays in France when he was struck by a local council vehicle. The plaintiff sustained severe injuries and was transferred from France to hospital in Dublin.
The Plaintiff brought his claim in the Irish High Court. The Judge in this case gave a very detailed analysis of the jurisdictional issues involved in the case. The Judge also heard evidence from a French Legal Expert assessing the amount of damages in the sum of €38,000. The High Court Judge found this amount was too low and awarded the Plaintiff the sum of €63,500 in general damage and the sum of €24,262 for his medical expenses.
Professional support throughout your case
What about my case and the Injuries Resolution Board?
At Synnott Lawline Solicitors, we specialise in PIAB applications. We provide expert advice throughout the process and ensure every client receives our full care and attention. We ensure that the Board adheres to the time limits imposed on it and deal with all queries from the Board on your behalf.
We are one of Ireland’s leading personal injury claims law firms and have been providing expert legal advice on all types of injury claims for over 35 years. Our team is dedicated to providing the very best level of service in a friendly and efficient manner across all aspects of claims. See our page on personal injury claims.
This booklet has been produced by Synnott Lawline Solicitors to help our clients understand the personal injury claims process. In some of our correspondence during the course of your claim, we will refer to the relevant sections of this guide to explain a particular aspect of your claim.
Related Pages
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
Talk to our family law solicitor, Aimèe Mulroy, LL.B, LL.M.
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