New Rights for Foreign Injury

Being injured in a road traffic accident whilst on holiday is an unfortunate occurrence, until recently made worse by the fact that  in many cases considerable difficulties could arise in seeking legal redress against the insurer of the responsible person.

 

Recently, the European Court of Justice has issued a ruling that will come as a relief to people who find themselves in this situation. The Court decided that a person who is injured abroad can bring a claim against the responsible person’s insurer in their home country – subject to certain conditions. The main condition is that the claimant and insurer must be domiciled in the European Economic Area. The right does not extend to claims against individuals, but would also apply to an injury sustained in the UK where the person who caused the injury is insured abroad.

 

The right to make a claim in the UK courts in such circumstances will make the whole process quicker and less expensive, which is to be welcomed.

 

If you are injured through the fault of someone else whilst on holiday abroad, contact us for advice.