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Landmark Ruling in Overseas Claim Decision

Posted: April 22nd, 2012

In a landmark ruling, an Irish court has settled a claim for road traffic accident compensation which was made because of an accident which happened in another country. Peter Kelly, from Ranelagh, Dublin, sustained an injury to his hip after he was injured by a council maintenance van in Cannes, France.

After pursuing compensation against the vehicle’s insurer, French company Groupama, the company accepted liability, but argued that French law should be applied – compensation awards tend to be significantly smaller in France than in Ireland.

Mr Justice Iarflaith O’Neill accepted the argument and using France’s equivalent of the Book of Quantum, gauged how much compensation Kelly should be awarded. He also used French law as a template for calculating the level of loss of amenity compensation Kelly should receive, before adjusting it in line with Irish values.


Categories: Accident News

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