When an accident happens abroad two key issues can arise-
- Do the Irish Courts have jurisdiction to hear your compensation claim?
- What is the law to be applied to the compensation claim?
It is very important to take immediate advice if you are injured in an accident abroad. Moloney Solicitors are associated with law firms throughout Europe and we can get you immediate legal advice from the country where you were injured – in relation to your legal rights to claim compensation.
- Our associate law firms can get medical records, police reports and can instruct engineers to go to accident scenes within a few days of an accident to protect your legal rights. We can also advise you with regard to foreign safety standards and whether your case can be pursued in Ireland or not. We can assist you with regard to travel insurance claims and can advise you with regard to direct causes of action against insurers and tour operators.
The Regulations covering the rules about jurisdiction are dealt with in Rome II which is the abbreviated name for an EC Regulation, the official title of which is “Regulation (EC) No. 864/2007 of the European Parliament”. The fundamental purpose of Rome II is to harmonise European rules and to provide legal certainty as to the applicable law to be applied when compensation claims are being assessed.
Rome II only applies to claims arising out of accidents which occurred after 11th January 2009.
By virtue of the terms of Article 4 of the Regulation, the general rule in personal injury claims is that the applicable law to be applied is the law of the country in which the injury was sustained. There are some exceptions to this general rule–
(a) By Article 4 (2) if the Claimant and the Defendant habitually reside in the same country then the applicable law will be the law of their common residence
(b) By Article 4 (3) if the wrong is “manifestly more closely connected” with some other country, the law of that country will apply.
Please contact us today if you need guidance on how to pursue your overseas accident compensation claim.
